chapter 397. libraries state board of libraries...

CHAPTER 397. LIBRARIES

STATE BOARD OF LIBRARIESAct 106 of 1937

397.1-397.8 Repealed. 1982, Act 540, Eff. Mar. 30, 1983.

Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018

Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov

LIBRARY OF MICHIGAN ACTAct 540 of 1982

AN ACT to create the library of Michigan; to create a board of trustees for the library; to establish thequalifications of the state librarian; to provide the powers and duties of the board of trustees, the departmentof history, arts, and libraries, the state librarian, and certain state officials and agencies; and to repeal acts andparts of acts.

History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 1995, Act 190, Imd. Eff. Nov. 6,1995;Am. 2001, Act 62, Eff. Oct. 1, 2001.

The People of the State of Michigan enact:

397.11 Short title.Sec. 1. This act shall be known and may be cited as the “library of Michigan act”.History: 1982, Act 540, Eff. Mar. 30, 1983.

Compiler's note: For transfer of powers and duties of library of Michigan and state librarian, except pertaining to services for blindand physically handicapped and those related to census data functions, to department of education, see E.R.O. No. 2009-26, compiled atMCL 399.752.

397.12 Definitions.Sec. 2. As used in this act:(a) “Board” means the board of trustees of the library created in section 4.(b) “Department” means the department of history, arts, and libraries.(c) “Library” means the library of Michigan.(d) “Rule” means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328.History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 1995, Act 190, Imd. Eff. Nov. 6,

1995;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.13 Library of Michigan; creation.Sec. 3. The library of Michigan is created within the department.History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.14 Library board of trustees; creation; duties; meetings; membership; terms; rules;election of chairperson and vice-chairperson; expenses; state librarian as secretary ofboard.Sec. 4. (1) A board of trustees of the library is created within the department. The board shall make

recommendations to the department on the following matters:(a) The services the library shall provide.(b) The manner in which the services shall be provided.(c) Other matters of general policy concerning the library.(d) The budget for the library.(e) Proposed rules governing operations of the library.(2) The board shall meet not less than 3 times per year, including a meeting to be held in January of each

year. The board shall meet also at the call of the chairperson of the board.(3) The board shall consist of the following:(a) One member appointed by the speaker of the house of representatives.(b) One member appointed by the house of representatives minority leader.(c) One member appointed by the senate majority leader.(d) One member appointed by the senate minority leader.(e) The director of the department or his or her designee.(f) A representative of the Michigan library association, appointed by the governor from a list of 3 persons

nominated by the Michigan library association.Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


(g) Two members of the general public who represent users of the state library, appointed by the governor.(h) One member who is a librarian from a college or university library, appointed by the governor.(i) One member who is a librarian from a public or private K to 12 system, appointed by the governor.(j) One member who is a librarian from a public library, appointed by the governor.(k) One member who is a librarian from a special library, appointed by the governor.(l) The chief justice of the supreme court or his or her designee.(4) A member of the board appointed under subsection (3)(a) to (d) shall hold office for a term of 2 years

to coincide with the term of office of state representative. Members appointed to the board by the governorunder subsection (3) shall hold office for a term of 3 years except that of the members first appointed, 3 shallbe appointed for 3 years, 2 for 2 years, and 2 for 1 year.

(5) The board shall prescribe rules for its own procedure. Annually, the board shall elect from itsmembership a chairperson and vice-chairperson. Members shall serve without compensation but shall beentitled to reasonable and necessary expenses incurred in the discharge of their duties.

(6) The state librarian shall serve as secretary of the board.History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 1986, Act 98, Imd. Eff. May 14,

1986;Am. 1995, Act 190, Imd. Eff. Nov. 6, 1995;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.15 Appointment of state librarian.Sec. 5. The governor, in consultation with the board and with the advice and consent of the senate, shall

appoint a state librarian who shall serve at the pleasure of the governor.History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.16 State librarian; duties; coordination of library activities with department director;qualifications of state librarian and assistant state librarian.Sec. 6. (1) The state librarian shall have care and charge of the library and the administrative functions of

the library. The director of the department and the state librarian shall coordinate the activities of the librarywith the department.

(2) The state librarian shall be a graduate with a master's degree in library science and shall have not lessthan 4 years' experience in library work in an administrative capacity. Each assistant state librarian shall be agraduate with a master's degree in library science.

History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 1995, Act 190, Imd. Eff. Nov. 6,1995;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.17 Employment of assistants and other employees; transfer to department; exception.Sec. 7. (1) The department, after consultation with the board, may permit the state librarian to employ

other administrative and general assistants and employees as are necessary for the care and management ofthe library, including the law library branch of the library. Employment shall be offered first to those personswho are employed by the state library on March 30, 1983. No library employee shall convert for personal orpartisan use, unrelated to library business, any supplies, services, facilities or staff provided by the state. Normay a library employee be required to work during paid or unpaid time to affect the result of an election.

(2) Subject to subsection (3), employees of the library on the effective date of the amendatory act thatadded this subsection shall be transferred to the department in accordance with the department of civil servicerules and shall be assumed into the classified service.

(3) The transfer of employees under subsection (2) shall not include 9 employees from the Michiganlibrary and historical center operations and 3 employees from the library's computer website staff operations.Employees who are not transferred under this subsection shall remain employees of the legislative council.

History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 2001, Act 62, Eff. Oct. 1, 2001.




397.18 Property of library.Sec. 8. The library shall succeed to the furnishings, building space, records, files, books, documents, and

all other property in the possession of the state library on the effective date of this act.History: 1982, Act 540, Eff. Mar. 30, 1983.


397.19 Library as depository for public documents; exemptions.Sec. 9. (1) The library shall serve as a depository for each public document issued by a state official,

department, board, commission, or agency. Not less than 75 copies of each document or 1 copy in the properformat as determined by the state librarian which is not issued solely for the use of a state official, department,board, commission, or agency shall be furnished to the library. Additional copies of those documents shall besupplied upon the request of the state librarian.

(2) A publication of a school, college, division, or department of a state supported college or university isexempt from the depository requirements of subsection (1), except that 2 copies of each publication shall bedeposited in the library.

(3) A publication of a state supported college or university press, directive for internal administration, anintraoffice or interoffice memorandum, a state form, or other correspondence is exempt from the depositoryrequirements of subsection (1).

History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983.


397.20 Duties of library; maintenance and ownership of website by legislative council.Sec. 10. (1) The library shall maintain a complete collection of the public documents deposited under

section 9 as a permanent reference file. The library is charged primarily with providing reference services tothe legislative branch of state government and, in addition, shall provide those services to the executive andjudicial branches of state government and the general public. The law library branch is charged primarily withproviding reference services to the legislative, executive, and judicial branches of state government. Uponrequest of a member of the legislature, the library shall provide in a timely manner to that individual copies ofany information, documents, or other data, including the Michigan compiled laws, that are generated orproduced by the legislature or legislative council agencies and all other information, documents, or other datathat are in the possession of the library.

(2) The library shall deposit copies of each public document deposited under section 9 in each designateddepository library. The depository libraries shall be designated by the state librarian. The state librarian shalldesignate only those libraries which will keep the documents readily accessible for use and which will renderassistance for the use of the documents without charge.

(3) The library also shall do all of the following:(a) Send 1 copy of each public document deposited under section 9 to the library of congress.(b) Prepare and issue quarterly, a complete list of public documents deposited under section 9 during the

immediately preceding quarter. The lists shall be cumulated and printed at the end of each calender year. Acopy shall be distributed by the library to state departments, legislators, and to public and college librarieswithin the state.

(c) Establish a document exchange system with agencies in other states to make available selecteddocuments published by other states for use by the people of this state.

(d) Exchange the judicial decisions, statutes, journals, legislative and executive documents of this state,and other books placed in the care of the library for the purpose of exchange with the libraries of other states,the government of the United States, foreign countries, and societies and institutions.

(e) Sell or exchange duplicate volumes or sets of works not needed for use in the library and apply theproceeds to the purchase of other books for the library.

(f) Further, by all appropriate means, the development of effective, statewide school library services.(g) Encourage contractual and cooperative arrangements between and among all kinds of libraries for the

improvement of library services to the people of this state.(h) Coordinate the library's library services with the library services of all kinds of libraries.(i) Collect, preserve, and publish appropriate statistics on all kinds of libraries in the state.(j) Conduct research and publish the results for the benefit of all kinds of libraries and the library services



to the people of the state.(k) Provide all services which the state library was authorized to provide immediately preceding March 30,

1983.(l) Under the authority granted by law, promote and advance library science in this state.(m) Seek grants to extend or enhance library services.(4) The legislative council shall maintain a website containing information, documents, and other data

generated by the legislature or legislative council agencies. On the effective date of the amendatory act thatadded this subsection, the library shall do both of the following:

(a) Transfer ownership of all computer hardware and software directly or indirectly associated with theMichiganlegislature.org website to the legislative council.

(b) Transfer ownership of the internet domain name “Michiganlegislature.org” to the legislative council.(5) Upon request of the legislative council, the library shall provide to the legislative council copies of any

information, documents, or other data, including the Michigan compiled laws database, generated or producedby the legislature or legislative council agencies that will assist the legislative council in carrying out itsresponsibilities under subsection (4).

(6) On October 1, 2001, money appropriated for the fiscal year ending September 30, 2002, necessary forthe operation of the Michiganlegislature.org website and to fund the positions that are retained by thelegislative council in section 7(3) shall be transferred to the legislative council.

History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 1983, Act 114, Imd. Eff. July 12, 1983;Am. 2001, Act 62, Eff. Oct. 1, 2001.

Compiler's note: In the second sentence of subsection (3)(b), the word "calender" should evidently read "calendar".For transfer of powers and duties of library of Michigan and state librarian, except pertaining to services for blind and physically

handicapped and those related to census data functions, to department of education, see E.R.O. No. 2009-26, compiled at MCL 399.752.

397.20a Rules.Sec. 10a. The department, in consultation with the board, may promulgate rules related to the operations of

the library.History: Add. 2001, Act 62, Eff. Oct. 1, 2001.


397.21 Annual report of state librarian.Sec. 11. The state librarian shall report annually to the governor and to the legislature on the operations of

the library and on the progress made in automating the operations of the library.History: 1982, Act 540, Eff. Mar. 30, 1983;Am. 2001, Act 62, Eff. Oct. 1, 2001.


397.22 Repeal of MCL 397.51 to 397.59, 397.1 to 397.8, and 16.409.Sec. 12. The following acts or parts of acts are repealed:(a) Act No. 28 of the Public Acts of 1895, being sections 397.51 to 397.59 of the Compiled Laws of 1970.(b) Act No. 106 of the Public Acts of 1937, being sections 397.1 to 397.8 of the Compiled Laws of 1970.(c) Section 309 of Act No. 380 of the Public Acts of 1965, being section 16.409 of the Compiled Laws of

1970.History: 1982, Act 540, Eff. Mar. 30, 1983.


397.22[1] Transfer and control of appropriation.Sec. 12. Except for the money transferred in section 7 subsection (6), the appropriation for the fiscal year

ending September 30, 2002 in Senate Bill No. 234 of the 91st Legislature to the library of Michigan is herebytransferred to the department of history, arts, and libraries for the fiscal year ending September 30, 2002, andshall be under the administrative control of the department of history, arts, and libraries subject to all theprovisions of Senate Bill No. 234.

History: Add. 2001, Act 62, Eff. Oct. 1, 2001.

Compiler's note: This added section is compiled as MCL 397.22[1] to distinguish it from another Sec. 12 deriving from Act 540 of1982.

In the opening phrase of this section, the reference to “section 7 subsection (6)” evidently should read “section 10, subsection (6).”Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


397.23 Repealed. 1986, Act 98, Imd. Eff. May 14, 1986.Compiler's note: The repealed section read: “Effective October 1, 1986, this act is repealed.”

397.24 Conditional effective date.Sec. 14. This act shall not take effect unless Senate Bill No. 201 of the 81st Legislature is enacted into law.History: 1982, Act 540, Eff. Mar. 30, 1983.

Compiler's note: Senate Bill No. 201, referred to in this section, was approved by the Governor on January 17, 1983, and becameP.A. 1982, No. 541, Eff. Mar. 30, 1983.



DISTRIBUTION OF PENAL FINES TO PUBLIC LIBRARIESAct 59 of 1964

AN ACT to provide for the distribution of penal fines and their application to the support of publiclibraries; to provide for the appointment of a county library board to receive penal fines; to define its powersand duties; and to repeal certain acts and parts of acts.

History: 1964, Act 59, Imd. Eff. May 12, 1964.


397.31 Public libraries; definitions.Sec. 1. As used in this act: (a) “Public library” means a library, the whole interests of which belong to the

general public, lawfully established for free public purposes by any 1 or more counties, cities, townships,villages, school districts or other local governments or any combination thereof, or by any general or local act,but shall not include a special library such as a professional or technical library or a school library.

(b) “Qualified public library” means any public library which is open to and available to the public at least10 hours per week or any library which has a contract with a public library board to furnish library services tothe public.


397.32 Penal fines; apportionment to county library boards.Sec. 2. The proceeds of all fines for any breach of the penal laws of this state when collected in any county

and paid into the county treasury, together with all moneys heretofore collected and paid into the countytreasury on account of such fines and not already apportioned, shall be apportioned by the county treasurer inaccordance with the directions of the state board for libraries, as provided in section 8, before August 1 ofeach year among those public libraries and county libraries established under Act No. 138 of the Public Actsof 1917, as amended, being sections 397.301 to 397.305 of the Compiled Laws of 1948, or Act No. 250 of thePublic Acts of 1931, as amended, being sections 397.151 to 397.158 of the Compiled Laws of 1948, or countylibrary boards in each county entitled to such fines under this act on a per capita basis determined by thepopulation of the governmental unit supporting the library according to the latest decennial or special federalcensus.


397.33 County library board; duties; membership, appointment, terms; contracts for service.Sec. 3. In any county where there is no public library, or in any county within the boundaries of which

there are municipalities which have not established public library service or which do not maintain publiclibraries, the county board of supervisors shall appoint a county library board to receive the per capita portionof penal fine moneys to be allocated for such areas. The county library board shall consist of 5 membersappointed by the county board of supervisors for terms of 5 years each, except that the first members shall beappointed for 1, 2, 3, 4 and 5 years respectively. The board may contract with a qualified public library,within or without the county, to provide public library service for all residents of the county without legalaccess to a public library.


397.34 County library board; powers as to new library.Sec. 4. If, after the appointment of the county library board, the board of supervisors votes to establish a

public library as authorized by Act No. 138 of the Public Acts of 1917, as amended, then the county libraryboard appointed under section 3 shall become the governing body of the county library. In addition to thepowers and duties granted in Act No. 138 of the Public Acts of 1917, as amended, the county library boardshall have all of the powers and duties granted to county library boards by this act.


397.35 County contracting for service; apportionment of funds; allocation to more than 1public library.Sec. 5. (1) If any municipality within a county has not established a public library but is contracting for

public library service with the governing body of a legally established public library, it is entitled to receiveits per capita share of the penal fine moneys the same as if it had a legally established public library. Themoneys shall be used for the provision of public library service for all residents of the municipality.



(2) If any municipality within a county is supporting more than 1 public library, the penal fines shall beallocated to each public library in ratio to the tax support provided by the municipality to the respective publiclibraries.


397.36 Use of penal fine moneys; report.Sec. 6. The penal fine moneys when received by the proper authorities shall be applied exclusively to the

support of public libraries and to no other purpose except as provided in section 7. A report shall be madeannually to the state board for libraries as to the receipt and expenditures of the penal fine moneys, and otherpublic moneys, by the governing boards of the public libraries or by the county library boards.


397.37 Construction of act as to county law libraries.Sec. 7. This act shall not be construed as affecting the provisions of sections 4845 and 4851 of Act No. 236

of the Public Acts of 1961, being sections 600.4845 and 600.4851 of the Compiled Laws of 1948.History: 1964, Act 59, Imd. Eff. May 12, 1964.

397.38 Statement of eligible libraries.Sec. 8. The state board for libraries, prior to July 15 of each year, shall transmit to the clerk and treasurer

of each county a statement of the public libraries or the library boards established under section 3 in hiscounty that are entitled to receive penal fines and the population served by each.


397.39 Rules and regulations.Sec. 9. The state board for libraries may adopt such rules and regulations to carry out the provisions of this

act as may be deemed expedient, in accordance with the provisions of Act No. 88 of the Public Acts of 1943,as amended, being sections 24.71 to 24.82 of the Compiled Laws of 1948, and subject to Act No. 197 of thePublic Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.


397.40 Repeal.Sec. 10. Sections 906, 910, 911, 912, 913 and 915 of Act No. 269 of the Public Acts of 1955, as amended,

being sections 340.906, 340.910, 340.911, 340.912, 340.913 and 340.915 of the Compiled Laws of 1948, arerepealed.


STATE LIBRARYAct 28 of 1895

397.51-397.65 Repealed. 1964, Act 256, Eff. Aug. 28, 1964;—1978, Act 520, Imd. Eff. Dec.20, 1978;—1982, Act 540, Eff. Mar. 30, 1983.

PROCUREMENT OF UNITED STATES LAWS FOR STATE LIBRARYAct 26 of 1847

397.71 Repealed. 1962, Act 13, Imd. Eff. Mar. 19, 1962.

DISTRIBUTION OF UNITED STATES STATUTES BY STATE LIBRARIANAct 25 of 1875

397.81 Repealed. 1962, Act 13, Imd. Eff. Mar. 19, 1962.

DEBATES OF CONSTITUTIONAL CONVENTION OF 1907Act 242 of 1911

397.91,397.92 Repealed. 1962, Act 13, Imd. Eff. Mar. 19, 1962.

STATE AID FOR LIBRARIESRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


Act 315 of 1937

397.102-397.113 Repealed. 1949, Act 269, Eff. July 1, 1949;—1965, Act 286, Eff. Mar. 31,1966.



FEDERAL FUNDS FOR LIBRARY CONSTRUCTIONAct 234 of 1964

AN ACT to make appropriations to supplement former appropriations for certain state agencies and specialpurposes for the fiscal year ending June 30, 1964; and to declare the intent of the act.



397.126 Library construction; federal funds; report.Sec. 6. The state library is hereby authorized to accept, and use, federal funds for library construction

under the provisions of Title II, P.L. 88-269, subject to the approval of the department of administration. Adetailed report shall be submitted to the legislature not later than January 31 of each year.




LIBRARY NETWORK ACT OF 1971Act 371 of 1972

AN ACT to establish a library network and to prescribe the duties and qualifications of libraries innetworks.

History: 1972, Act 371, Imd. Eff. Jan. 9, 1973.


397.131 Short title.Sec. 1. This act shall be known and may be cited as the “library network act of 1971”.History: 1972, Act 371, Imd. Eff. Jan. 9, 1973.

397.132 “Library network” defined; administrative leadership.Sec. 2. As used in this act “library network” means the connecting of the largest research libraries in the

state for the express purpose of making their collections available to all citizens in the state throughinterlibrary loan. The state library shall assume administrative leadership in this network concept and shalldesignate participating libraries.


397.133 Eligibility of library for membership in network; connection to state library;agreement.Sec. 3. A library shall maintain a collection of at least 1,000,000 volumes in order to be eligible for

membership in the network. A library shall be connected to the state library by means of electronic equipmentand shall agree to supply for interlibrary loan any volume in its collection, not in use, except rare volumes,reference works, books on reserve for course work, volumes of serials, fragile materials, and all other librarymaterials which are not loaned under its regulations.


397.134 Administration of interlibrary loan service.Sec. 4. The state library in Lansing shall administer the interlibrary loan service for the state.History: 1972, Act 371, Imd. Eff. Jan. 9, 1973.

397.135 Application for inclusion in network.Sec. 5. A library meeting the requirements specified for inclusion in the network shall apply to the state

board of education, indicating its compliance with the provisions of this act.History: 1972, Act 371, Imd. Eff. Jan. 9, 1973.

397.136 Rules.Sec. 6. The state board of education may promulgate rules for administration of this act in accordance with

and subject to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of theCompiled Laws of 1948.




REGIONAL LIBRARIESAct 250 of 1931

AN ACT to provide for the establishment and maintenance of regional libraries; to provide for boards oftrustees to have control of such libraries; to provide for the powers and duties of the state board for libraries inconnection with such libraries; and to provide for the support of such libraries by counties.

History: 1931, Act 250, Eff. Sept. 18, 1931;Am. 1961, Act 116, Eff. Sept. 8, 1961.


397.151 Regional libraries; plan for establishment and location.Sec. 1. The state board for libraries shall develop a plan for the establishment and location of regional

libraries throughout the state based on a detailed survey of the needs of the various localities of the state. Aregion shall include 2 or more counties.

History: 1931, Act 250, Eff. Sept. 18, 1931;CL 1948, 397.151;Am. 1961, Act 116, Eff. Sept. 8, 1961.

397.152 Proposal to establish regional libraries; referral to county board of supervisors.Sec. 2. On completion of the survey of any proposed region, the proposal to establish a regional library

shall be referred to the boards of supervisors of all counties included in such proposed region. The boards ofsupervisors shall act upon such proposal by resolution, and the votes of a majority of the members-elect of theboard of supervisors in each of the counties included in the proposed region shall be necessary for theadoption of such proposal. In case of the rejection of such proposal by the boards of supervisors of any of thecounties included in such proposed region, the plan may be altered in accordance with such action in order toprovide for a regional library in such section of the state. The vote of a majority of the members-elect of theboard of supervisors in each of the counties in such altered region shall be necessary for the adoption of suchproposal.


397.153 Board of trustees; membership, appointment, term, vacancies, expenses.Sec. 3. Upon the adoption of the regional library proposal, each board of supervisors shall name members

to a library board, the members to be chosen from the citizens at large of each county with reference to theirfitness for office. Not more than 1 member of the board of supervisors of each county shall be at any one timea member of said library board. Each county shall be entitled to 2 members on the regional library board, themembers to be appointed for a term of 4 years each, except that the first members shall be appointed, 1 for 2years and 1 for 4 years, or until their successors have been appointed. In the case of only 2 counties joining inthe regional library, the library board shall consist of not more than 4 members from each county, each for aterm of 4 years, except that the first members shall be appointed, 2 for 2 years and 2 for 4 years, or until theirsuccessors have been appointed. Vacancies in the board of trustees shall be filled in like manner as theoriginal appointments. Members of the board of trustees shall receive no compensation except their actual andnecessary expenses.

History: 1931, Act 250, Eff. Sept. 18, 1931;Am. 1947, Act 159, Eff. Oct. 11, 1947;CL 1948, 397.153;Am. 1961, Act 116,Eff. Sept. 8, 1961.

397.154 Repealed. 1961, Act 116, Eff. Sept. 8, 1961.Compiler's note: The repealed section provided for regional librarian and set forth qualifications.

397.155 Board of trustees; powers.Sec. 5. The board of trustees of each regional library so established shall have the following powers:(a) To establish, maintain and operate a public library for the region.(b) To appoint a professionally qualified librarian, and the necessary assistants, and to fix their

compensation. Said board shall also have the power to remove said librarian and other assistants.(c) To purchase books, periodicals, equipment and supplies.(d) To purchase sites and erect buildings, or to lease suitable quarters, and to have supervision and control

of such property.(e) To borrow books from and lend books to other libraries.(f) To enter into contracts to receive service from or give service to libraries within or without the region

and to give service to municipalities without the region which have no libraries.(g) To have exclusive control of the expenditure of all moneys collected to the credit of the library fund.



(h) To make such bylaws, rules and regulations not inconsistent with this act as may be expedient for theirown government and that of the library.


397.156 Appropriation for regional libraries; budget, disbursement.Sec. 6. Sums necessary for the establishment and operation of regional libraries shall be provided by the

boards of supervisors of each of the counties included in such region by an appropriation from the generalfund of the respective counties, or by a tax levy for this purpose authorized by a vote of the qualified electorsin each of the counties. A budget shall be proposed annually by the board of trustees of the regional library tothe boards of supervisors of the counties in the region. Upon approval of such budget by a majority of each ofsaid boards of supervisors, the proposed budget shall be effective in all counties in the region. Allappropriations shall be paid to the board of trustees and disbursed under its direction by the county treasurerof the county designated by the regional library board as depository for the regional library fund.

History: 1931, Act 250, Eff. Sept. 18, 1931;Am. 1945, Act 20, Eff. Sept. 6, 1945;Am. 1947, Act 159, Eff. Oct. 11, 1947;CL1948, 397.156;Am. 1956, Act 149, Eff. Aug. 11, 1956;Am. 1961, Act 116, Eff. Sept. 8, 1961.

397.157 Cities exempt from act; notification when included in proposal.Sec. 7. Cities of a population of 5,000 or more, maintaining a public library, may be exempted from the

provisions of this act on the filing with the state board for libraries of a request by the city legislative bodybased on action taken by them according to law. Where any such city is included in any regional libraryproposal the state board for libraries shall notify each city so included in writing of the provisions of thissection 15 days before the reference of any regional library proposal under the provisions of section 2.

History: 1931, Act 250, Eff. Sept. 18, 1931;Am. 1945, Act 20, Eff. Sept. 6, 1945;CL 1948, 397.157;Am. 1961, Act 116, Eff.Sept. 8, 1961.

397.158 Municipal libraries; transfer to regional libraries.Sec. 8. After the establishment of a regional library as provided for in this act, the township board, the

legislative body of any city or village, the board of education of any school district or the board of supervisorsof any municipality in the region, already maintaining a public, school or county library, may notify the boardof trustees of the regional library that such township, city, village, school district or county library may betransferred to, leased to, or used by said board of trustees of the regional library under such terms as maymutually be agreed upon between the said board of trustees and the respective township boards, city or villagelegislative bodies, boards of education or boards of supervisors.

History: 1931, Act 250, Eff. Sept. 18, 1931;CL 1948, 397.158.

397.159 Repealed. 1961, Act 116, Eff. Sept. 8, 1961.Compiler's note: The repealed section authorized state librarian to establish rules and regulations he deemed necessary.



THE DISTRICT LIBRARY ESTABLISHMENT ACTAct 24 of 1989

AN ACT to provide for the establishment and maintenance of district libraries; to provide for districtlibrary boards; to define the powers and duties of certain state and local governmental entities; to prescribepenalties and provide remedies; and to repeal acts and parts of acts.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 1998, Act 176, Eff. Mar. 23, 1999.

Popular name: District Libraries Act


397.171 Short title.Sec. 1. This act shall be known and may be cited as “the district library establishment act”.History: 1989, Act 24, Imd. Eff. May 22, 1989.


397.172 Definitions.Sec. 2. As used in this act:(a) "Agreement" means a district library agreement required by section 3 or the agreement governing a

district library established under former 1955 PA 164.(b) "Board" means a district library board.(c) "Department" means the department of education.(d) "District" means the territory of the participating municipalities that is served by a district library

established under this act.(e) "General election" means that term as defined in section 2 of the Michigan election law, 1954 PA 116,

MCL 168.2.(f) "Largest" means, if used in reference to a participating school district, the participating school district

having the most electors voting at the last regularly scheduled school board election in the participatingschool district.

(g) "Largest" means, if used in reference to a county, the county having the most registered electors of adistrict as last reported to the county clerk under section 661 of the Michigan election law, 1954 PA 116,MCL 168.661.

(h) "Legislative body" means, if the municipality is a school district, the school board.(i) "Municipality" means a city, village, school district, township, or county.(j) "Participating" means, in reference to a municipality, that the municipality is a party to an agreement.(k) "School district" means 1 of the following but does not include a primary school district or a school

district that holds meetings rather than elections:(i) "Local act school district" as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.(ii) "Local school district" as that term is used in the revised school code, 1976 PA 451, MCL 380.1 to

380.1852.(l) "State librarian" means the department.History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2001, Act 64, Eff. Oct. 1, 2001;Am. 2005, Act 60, Imd. Eff. July 7, 2005;

Am. 2015, Act 108, Imd. Eff. June 30, 2015.


397.173 Joint establishment of district library; requirements; portion of municipality to beincluded in district library; excluded portion; documents to be filed with state librarian;review; approval or disapproval; amendment of boundaries; effect of excluded territory;single municipality.Sec. 3. (1) Except as otherwise provided under subsection (12), 2 or more municipalities, except 2 or more

school districts that hold their regularly scheduled elections on different dates, authorized by law to establishand maintain a library or library services may jointly establish a district library if each of the followingrequirements is satisfied:

(a) If the proposed district contains a public library, other than a district library established under this act,and that public library is recognized by the department as lawfully established for purposes of the distributionof state aid and penal fines, the governing board of the public library approves the establishment of the districtlibrary.

(b) The legislative body of each municipality identified in the agreement described in section 4 adopts aRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


resolution providing for the establishment of a district library and approving an agreement.(c) The proposed district library district does not overlap any portion of another district library district.(2) A participating municipality may provide in the resolution required by subsection (1) that only a

portion of its territory is included in the district library district. Except as provided in subsection (3), theportion of a participating municipality included in a district library district shall be bounded by county,township, city, village, or school district boundaries.

(3) A city, village, or township may exclude from a district library district only that portion of themunicipality's territory located within the boundaries of a public library that is all of the following:

(a) Recognized by the department as lawfully established for the purposes of the distribution of state aidand penal fines.

(b) Established under this act or any of the following acts:(i) 1877 PA 164, MCL 397.201 to 397.217.(ii) The revised school code, 1976 PA 451, MCL 380.1 to 380.1852.(iii) 1917 PA 138, MCL 397.301 to 397.305.(4) Participating municipalities that propose to establish a district library shall file with the state librarian

both of the following:(a) A copy of an agreement described in section 4 that identifies the proposed library district.(b) A copy of a map or drawing that is no smaller than 8-1/2 by 11 inches or larger than 14 by 18 inches

and clearly shows the territory proposed to be included in the district library district. The map shallunambiguously show the relationship of the proposed district library district to the adjacent and constituentunits of government, which include counties, cities, villages, townships, school districts, and district libraries.

(5) The state librarian shall review the agreement described in section 4 and the map described insubsection (4)(b) and approve or disapprove of the proposed district library district in accordance with section5. The participating municipalities shall cooperate with the state librarian to correct any errors or changes inthe agreement or map that the state librarian considers necessary to comply with this act.

(6) Upon receiving notice of the state librarian's approval of an agreement described in section 4, or uponexpiration of the 10-day period described in subsection (10), the secretary of the board of the affected districtlibrary shall submit to the county treasurer of each county in which the district library district is located and tothe treasurer of each municipality in which the district library district is located a copy of all of the following:

(a) The state librarian's written statement of approval for the district library issued in accordance withsection 5.

(b) The map or drawing of the district library's territory described in subsection (4)(b).(c) If the district library includes only a portion of a municipality, the tax identification number of each

parcel of property within that municipality which is included in the district library district.(7) Once an agreement is approved by the state librarian, the agreement and boundaries of a district library

established under this act may be amended to do only the following:(a) Provide for the withdrawal of a participating municipality in accordance with section 24.(b) Add a participating municipality in accordance with section 25.(c) Provide for the disincorporation, annexation, consolidation, or merger of a participating municipality in

accordance with sections 3c and 3d.(d) Provide for the merging of 2 or more district libraries.(e) Eliminate certain territory in accordance with subsection (9).(8) For any amendment described in subsection (7), the secretary of the board of the district library shall

file with each of the following a copy of the map or drawing of the amended boundaries approved by theparticipating municipalities:

(a) The county treasurer of each county in which the district library is situated.(b) The department.(9) A district library recognized by the legislative council before December 29, 1997 may amend its

boundaries to eliminate territory located within the legal boundaries of a public library or another districtlibrary district, if that public library or other district library is recognized by the department as lawfullyestablished for the purposes of the distribution of state aid and penal fines. The procedures for amending anagreement under section 5 do not apply to a boundary amendment described in this subsection. A districtlibrary that amends its boundaries under this subsection shall meet all of the following requirements:

(a) The board of the district library adopts a resolution designating the territory to be excluded from itsboundaries.

(b) The proposed amended boundaries exclude only that territory which is within the legal boundaries of apublic library established under this act or any of the following acts and recognized by the department aslawfully established for the purposes of the distribution of state aid and penal fines:Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


(i) 1877 PA 164, MCL 397.201 to 397.217.(ii) The revised school code, 1976 PA 451, MCL 380.1 to 380.1852.(iii) 1917 PA 138, MCL 397.301 to 397.305.(c) The district library files with the state librarian a copy of the resolution of the board described in

subdivision (a) together with a map or drawing that complies with the requirements of subsection (4)(b).(10) If a district library complies with subsection (9) and the state librarian does not disapprove the

amended boundaries within 10 business days after receiving the map or drawing described in subsection(9)(c), the boundaries are amended.

(11) The territory that has been excluded from any district library district under subsection (9) shall remaina part of the district library district from which it has been excluded for the purpose of levying debt retirementtaxes for bonded indebtedness of the district library district that exists on December 29, 1997. The territoryshall remain a part of that district library district until the bonds are redeemed or sufficient funds are availablein the debt retirement fund of the district library for that purpose.

(12) Except for a school district and with the approval of the state librarian, a single municipality mayestablish a district library under this section if each of the following requirements is satisfied:

(a) The municipality has made an assertive effort over a period of time of not less than 3 consecutive yearsto form a district library with 1 or more other municipalities.

(b) The municipality has submitted to and received the state librarian's approval of a plan of service.(c) The municipality has a population of 4,500 or more.(d) The municipality is otherwise qualified and meets the requirements of a district library under this act.(e) Any other requirements considered necessary by the state librarian to ensure that a district library

created under this section complies with the intent of this act.History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 1997, Act 160, Imd. Eff. Dec. 29, 1997;Am. 2001, Act 64, Eff. Oct. 1, 2001

;Am. 2005, Act 60, Imd. Eff. July 7, 2005;Am. 2014, Act 570, Imd. Eff. Jan. 15, 2015.



397.173a Referendum on question of becoming district library or joining existing districtlibrary; filing, approval, and review of petition; approval by electors; establishment ofnew-district library; appointment of interim board; vote by district library board to acceptor reject new proposed participating municipality.Sec. 3a. (1) Upon petition by not less than 5% of the registered electors residing in the affected

municipality, municipalities, or the portion of a municipality, requesting a referendum on the question ofbecoming a district library or joining an existing district library, the clerk of each affected municipality, uponverifying the required number of signatures on the petitions, shall file a copy of the petition with thedepartment and submit the question of whether the municipality should become a participating municipalityto the vote of the electors of the municipality at the next general election or special election called for thatpurpose and conducted in accordance with the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(2) If the question of the petition under subsection (1) relates to the joining of an existing district library,before circulating the petition for signatures, the supporters of the petition may submit the proposal and thepetition language to the existing district library board for review and approval. The district library board shallvote by resolution to accept or reject the proposed new participating municipality within 30 days of receivinga copy of the proposed petition. If the proposal is approved by the district library board and the referendum ispassed by the electors, the district library shall amend its agreement to incorporate the new participatingmunicipality.

(3) The referendum submitted to the electors under this section shall include a request for a millage to fundthe new district or the municipality's obligation to the existing district. For district libraries with appointedboards, the referendum shall include language regarding the appointment of new members to represent anynew participating municipality.

(4) If approved by a majority of the electors in the affected municipality voting on the question, themunicipality shall proceed to become a participating municipality in the manner provided under this act.

(5) A new district library established under this section shall consist of 2 or more municipalities and begoverned by an elected board as provided under section 11. The board required under this subsection shall beelected not later than 1 year from the date the electors approve the new district.

(6) If a new district library is created under this section, each participating municipality shall appointmembers to an interim governing board in a number proportional to its population in relationship to the entireRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


district. The interim board shall prepare and submit the agreement and map required by this act to thedepartment no later than 180 days from the date the electors approve the new district. If the agreement andmap are not submitted as required by this subsection, the agreement and map shall be prepared by the statelibrarian.

(7) If the district library board has not approved the new participating municipality under subsection (2)and the petition is submitted to the electors for approval and passes, the board of the district library shall votewithin 30 days following certification of the election results whether to accept or reject the new proposedparticipating municipality. If the new participating municipality is accepted, the district library shall amend itsagreement to incorporate the new participating municipality.

History: Add. 2005, Act 60, Imd. Eff. July 7, 2005.



397.173b Merging of district libraries; requirements; districtwide library tax.Sec. 3b. (1) Two or more district libraries may merge if all of the following requirements are satisfied:(a) The governing boards of the district libraries by majority vote approve that the district libraries merge

and that all territory located within their jurisdictional service areas are included in the merger.(b) The approving resolution is conditioned upon majority vote of approval by the governing boards of all

participating municipalities, within a period of time specified in the resolution.(c) By a majority vote of the members of the district library boards, amend the agreement to reflect the

merger of the libraries and the territory served by the merger.(d) The amendments to the agreement shall include, but are not limited to, changes in board representation,

the percentage of funds necessary from each participating municipality for the establishment and operation ofthe merged district libraries, a revised legal description of the district, and a map that clearly shows therevised service area of the new district library.

(e) That all amendments and resolutions are submitted to the state librarian.(2) If there is a districtwide library tax being levied by a participating library at the time of the merger, the

tax will remain in effect and can be considered as a portion or all of that library's contribution in the merger.A districtwide tax will be extinguished upon the approval of a merged district library districtwide tax by themajority of the electorate residing in the merged district libraries' jurisdictional limits.

History: Add. 2005, Act 60, Imd. Eff. July 7, 2005.



397.173c Disincorporation, annexation, consolidation, or merger of municipalities.Sec. 3c. If 2 or more participating municipalities establish a district library under this act and 1 or more of

those participating municipalities is subsequently disincorporated, annexed, consolidated, or merged, or if allparticipating municipalities are consolidated or merged into 1 municipality, the disincorporation, annexation,consolidation, or merger does not affect the validity of the district library, and all of the following apply:

(a) The district library shall continue to be recognized for all purposes as a lawfully established districtlibrary that may continue to exercise all powers, duties, functions, and responsibilities, including the levy oftaxes authorized by the electors of the district, as provided in the agreement, this act, and any other applicablelaw.

(b) If 2 or more participating municipalities remain in the district library, those municipalities shall amendthe agreement to reflect the disincorporation, annexation, consolidation, or merger. If only 1 participatingmunicipality remains in the district library after the disincorporation, annexation, consolidation, or merger, orif all participating municipalities are merged or consolidated into 1 municipality, that municipality shallassume the powers, duties, functions, and responsibilities of the former participating municipality ormunicipalities without amendment of the agreement.

(c) The terms of the district library board members shall continue as provided in the agreement and thisact, except that if the district library board members are appointed, the legislative body of a single remainingparticipating municipality or a consolidated or merged municipality shall appoint district library boardmembers as the terms of district library board members expire.

History: Add. 2014, Act 570, Imd. Eff. Jan. 15, 2015.




397.173d Transfer of portion of district library to other district library; condition; effect ofdistrictwide library tax; "transfer area" defined.Sec. 3d. (1) Two district libraries may amend a contiguous boundary by transferring a portion of 1 district

library to the other district library if all of the following requirements are satisfied:(a) The transfer area is bounded by county, township, city, village, or school district boundaries.(b) The governing board of each district library adopts a resolution approving the transfer by majority vote

of the members appointed and serving.(c) By resolution within the time period specified in a resolution described in subdivision (b), the

governing board of each participating municipality for both district libraries approves the transfer by majorityvote of the members appointed and serving.

(d) Both agreements are amended to reflect the transfer. The amendments to the agreements shall include,but are not limited to, all of the following:

(i) Changes in board representation.(ii) The money necessary from each participating municipality for the establishment and operation of the

district libraries.(iii) A revised legal description of the district.(iv) A map that clearly shows the revised service area of each new district library.(e) Each district library shall submit the resolutions described in subdivisions (b) and (c) and the

amendments to the agreement described in subdivision (d) to the state librarian.(2) If a districtwide library tax is being levied in the district library district receiving the transfer area, the

board of that district library shall condition acceptance of the transfer area on the approval of the tax by amajority of the electors residing in the transfer area. Failure of a majority of the electors residing in thetransfer area to approve the tax does not affect the validity of the continued levy of any previously authorizedmillage by the district library transferring the transfer area. A tax levied by the district library transferring thetransfer area will be extinguished in the transfer area upon approval by a majority of the electors residing inthe transfer area.

(3) If a districtwide library tax is not being levied by the district library receiving the transfer area at thetime of the transfer, but a districtwide library tax is being levied by the district library transferring the transferarea, the districtwide tax of the district library transferring the transfer area is extinguished in the transfer areaonly upon approval of the transfer by the state librarian.

(4) As used in this section, "transfer area" means the portion of the district library district to be transferred.History: Add. 2014, Act 570, Imd. Eff. Jan. 15, 2015.


397.174 District library agreement; provisions.Sec. 4. (1) The agreement shall provide for all of the following:(a) The name of the district. For a district that is created on or after the effective date of the amendatory act

that added section 3a, the name shall include the word "district".(b) The identity of the municipalities establishing the district library.(c) The creation of a board to govern the operation of the district and the method of selection of board

members, whether by election or appointment. If board members are selected by appointment, the agreementshall provide for the term of office, the total number of board members, and the number of board members tobe appointed by the legislative body of each participating municipality. If board members are selected byelection, the agreement shall provide for the number of provisional board members to be appointed by thelegislative body of each participating municipality.

(d) Of the amount of money to be stated in the annual budget under section 13, the percentage to besupplied by each participating municipality.

(e) The procedure for amending the agreement, which shall require the consent of the legislative bodies ofnot less than 2/3 of the participating municipalities.

(f) A period of time after the effective date of the agreement, not less than 1 year, during which theadoption of a resolution to withdraw from the district library under section 24 shall be void.

(g) Any distribution of district library assets to take place upon the withdrawal of a participatingmunicipality.

(h) Any other necessary provisions regarding the district library.(2) A district library agreement may provide that the district library board is abolished and the district

library terminates unless, on or before a date stated in the agreement, the district electors approve a district



library millage at a rate not less than a minimum number of mills stated in the agreement. If the district libraryagreement contains such a provision, the district library agreement shall specify the manner in which the netassets of the district library shall be distributed to the participating municipalities upon termination and shallcontain a plan for continuing public library service to all residents of the district after termination.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2005, Act 60, Imd. Eff. July 7, 2005.


397.175 Submission of agreement and amendment to state librarian; approval or disapprovalof agreement, amendment, or revision; statement.Sec. 5. (1) The legislative bodies of the municipalities that establish a district library shall submit the

agreement to the state librarian within 10 days following the date on which the agreement is adopted. A boardshall submit an amendment to the agreement to the state librarian within 10 days following the date on whichthe amendment is adopted.

(2) The state librarian shall approve an agreement or an amendment to an agreement submitted pursuant tosubsection (1) or a revision in board structure submitted pursuant to section 6 if it conforms to therequirements of this act and shall disapprove the agreement, amendment, or revision if it does not conform tothe requirements of this act. Within 30 days following the date on which the state librarian receives anagreement, amendment, or revision, the state librarian shall send to the board or the legislative bodies thatsubmitted the agreement, amendment, or revision a written statement of approval or disapproval. If the statelibrarian disapproves the agreement, amendment, or revision, the state librarian shall explain in the writtenstatement the reasons for the disapproval, and the department shall not recognize the district library aslawfully established for purposes of the distribution of state aid and penal fines until the state librarianapproves an amendment or revision that causes the agreement to conform to the requirements of this act. Ifthe state librarian fails to send a written statement of approval or disapproval within 30 days following thedate on which the state librarian receives the agreement, amendment, or revision, it shall be consideredapproved.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2001, Act 64, Eff. Oct. 1, 2001.



397.176 Organizational plan; revision of board structure and selection.Sec. 6. Within 1 year after May 22, 1989, the board of a district library established pursuant to former 1955

PA 164 shall submit to the state librarian an organizational plan including the information required to be setforth in an agreement under section 4(1) and shall revise the board structure and selection to conform tosection 9 or to sections 10 and 11. If the board of a district library established pursuant to former 1955 PA 164complies with this section and the state librarian does not disapprove the revision of board structure andselection, the district library shall be considered to be established pursuant to this act.




397.177 District library as authority.Sec. 7. A district library established pursuant to this act constitutes an authority under section 6 of article

IX of the state constitution of 1963.History: 1989, Act 24, Imd. Eff. May 22, 1989.


397.178 Candidate for appointment or election as board member; qualifications; vacancy inoffice of board member.Sec. 8. (1) An individual appointed as a board member shall be a qualified elector of the participating

municipality that appoints the member on the date the appointment is made. A candidate for election as aboard member shall be a qualified elector of a participating municipality on the deadline for filing nominatingpetitions. A candidate for appointment or election shall be a resident of the district.

(2) The office of board member becomes vacant when the incumbent dies, resigns, is convicted of a felony,



is removed from office by the governor pursuant to section 10 of article V of the state constitution of 1963, orceases to be a resident of the district. In addition, the office of an appointed board member becomes vacantwhen the incumbent ceases to be a resident of the participating municipality that appointed the incumbent.



397.179 Appointed board members; number; right to appoint; term; vacancy.Sec. 9. If an agreement prescribes appointed board members, the board shall consist of not fewer than 5

and not more than 8 members. The agreement may provide that the right to appoint 1 or more board membersrotates between 2 or more municipalities. A term shall not be more than 4 years. A member shall serve untilthe appointment and qualification of a successor. A vacancy shall be filled for the unexpired term by theparticipating municipality that appointed the member whose position is vacant.



397.180 Repealed. 2002, Act 159, Eff. Jan. 1, 2003.Compiler's note: The repealed section pertained to election of board members.


397.180a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.Sec. 10a. A petition under section 10 or 11, including the circulation and signing of the petition, is subject

to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provisionof the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in thissection is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116,MCL 168.1 to 168.992.

History: Add. 1998, Act 176, Eff. Mar. 23, 1999.


397.181 Election of board members of district library; provisions applicable where schooldistrict is participating municipality; amendment of agreement.Sec. 11. (1) Except as otherwise provided under subsections (2) and (3), all of the following apply to an

election of board members of a district library:(a) If an agreement prescribes elected board members, the board shall consist of 7 members elected at large

from the district.(b) If an agreement prescribes elected board members, a provisional board of 7 members shall be

appointed. The members of the provisional board shall hold office until their successors are elected andqualified.

(c) The first election of board members shall take place at the first general election held 140 days or moreafter the appointment of the first member of the provisional board. The 4 persons receiving the most votes atthe first election for board members shall have 4-year terms, and the 3 remaining persons elected to the boardshall have 2-year terms. After the first election, board members shall be elected at general elections for 4-yearterms that begin on January 1 following the election.

(d) Board members shall be elected on nonpartisan ballots.(e) Subject to subdivision (f), a nomination for the office of board member shall be by nonpartisan

petitions signed by registered electors of the district. The number of signatures shall be as follows:(i) For a district with a population of less than 10,000, not less than 6 or more than 20.(ii) For a district with a population of 10,000 or more, not less than 40 or more than 100.(f) In lieu of the nominating petition prescribed in this subsection, an individual may file a $100.00

nonrefundable fee to have his or her name placed on the ballot.(g) A nominating petition or filing fee shall be filed with the clerk of the largest county not later than 4

p.m. of the day 110 days before the date of the election. The county clerk with whom nominating petitions orfiling fees are filed shall certify the names of the candidates to the clerk of every other county in which all orpart of a participating municipality is located.

(h) A vacancy in the office of a board member shall be filled until the expiration of the vacating boardmember's term by appointment by majority vote of the remaining board members. If the vacancy occurs 140or more days before the first regularly scheduled election of board members that follows the beginning of theterm of the board member vacating office and that term is 4 years, all of the following apply:

(i) The vacancy shall be filled by appointment by majority vote of the remaining board members only untilRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


the next date on which the term of any board member expires.(ii) A board member shall be elected at the regularly scheduled election of board members next following

the occurrence of the vacancy to fill the vacancy for the remainder of the term of the board member vacatingoffice.

(2) If a school district is a participating municipality, the following apply to an election of board membersfor a district library:

(a) The first election of board members shall take place at the same time as the first regularly scheduledelection of school board members in the largest participating school district occurring on or after thethirteenth Monday following the appointment of the first member of the provisional board. The term of officeof an elected member of the board shall begin at the same time as the term of a school board member electedat the same election in the largest participating school district.

(b) Subject to subdivision (c), a nomination for the office of board member shall be by a petition meetingto the extent applicable the same requirements, including filing requirements, as a nominating petition for theoffice of school board member in the largest participating school district. The petition shall be filed not laterthan 4 p.m. of the twelfth Tuesday preceding the election. The number of signatures shall be as follows:

(i) For a district with a population of less than 10,000, not less than 6 or more than 20.(ii) For a district with a population of 10,000 or more, not less than 40 or more than 100.(c) In lieu of the nominating petition prescribed under subdivision (b), an individual may file a $100.00

nonrefundable fee to have his or her name placed on the ballot. A nominating petition or filing fee shall befiled with the school district election coordinator for the largest participating school district. The schooldistrict election coordinator shall certify the names of the candidates and the date of the election to the schooldistrict election coordinator of every other participating school district and to the election officials authorizedby this act to conduct the election in each participating municipality all or a portion of which is located withina nonparticipating school district.

(3) The agreement may be amended to coordinate the terms and election of board members with the termsand election of other school or municipal officials.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2002, Act 159, Eff. Jan. 1, 2003;Am. 2005, Act 60, Imd. Eff. July 7, 2005.


397.182 Powers of board; compensation and expenses of board members; deposit andexpenditure of money in district library fund.Sec. 12. (1) A board may do 1 or more of the following:(a) Establish, maintain, and operate a public library for the district.(b) Appoint and remove officers from among its members.(c) Appoint and remove a librarian and necessary assistants and fix their compensation.(d) Purchase, sell, convey, lease, or otherwise acquire or dispose of real or personal property, including,

but not limited to, land contracts and installment purchase contracts.(e) Erect buildings.(f) Supervise and control district library property.(g) Enter into a contract to receive library-related service from or give library-related service to a library or

a municipality within or without the district.(h) Adopt bylaws and regulations, not inconsistent with this act, governing the board and the district

library.(i) Propose and levy upon approval of the electors as provided in this act a tax for support of the district

library.(j) Borrow money pursuant to the district library financing act, 1988 PA 265, MCL 397.281 to 397.290.(k) Issue bonds pursuant to the district library financing act, 1988 PA 265, MCL 397.281 to 397.290.(l) Accept gifts and grants for the district library.(m) Do any other thing necessary for conducting the district library service, the cost of which shall be

charged against the district library fund.(2) A board may reimburse a board member for necessary expenses that the member incurs in the

performance of official duties. A board may compensate board members for attending official meetings of theboard or committees of the board and shall include the amount of compensation in the annual budget.Compensation shall not exceed $30.00 per board member per meeting. A board member shall not becompensated for attending more than 52 meetings per year.

(3) Money for the district library shall be paid to the board and deposited in a fund known as the districtlibrary fund. The board shall exclusively control the expenditure of money deposited in the district libraryfund.Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2002, Act 540, Imd. Eff. July 26, 2002;Am. 2005, Act 60, Imd. Eff. July 7,2005.


397.183 Determination of money necessary for establishment and operation of district librarydistrictwide tax; payment by participating municipality; approval of tax; library tax.Sec. 13. (1) Subject to any limitation in the district library agreement on the amount of the district library

annual budget or the amount or percentage of an increase in the district library annual budget, or both, thatapplies in the absence of a districtwide tax approved by the electors, the board shall annually determine theamount of money necessary for the establishment and operation of the district library and shall state thatamount in an annual budget of the district library.

(2) All or part of the money necessary for the establishment and operation of a district library may besupplied by a tax levied by the district library on the taxable property in the district. A district library shall notlevy a tax authorized by this subsection unless the tax is approved as provided in section 15. However, adistrictwide tax in effect or authorized to be levied by a district library established pursuant to former Act No.164 of the Public Acts of 1955 may be levied by the district library at the rate and for the period of timeoriginally authorized without being approved as provided in section 15.

(3) A districtwide tax or taxes authorized by subsection (2) shall not exceed 4 mills.(4) That portion of the total districtwide tax or taxes that exceeds 2 mills shall be authorized to be levied

for a period of not more than 20 years. However, if 1 or more of the participating municipalities had a legallyestablished public library with an authorized tax levy of more than 2 mills on December 31, 1993, that portionof the total districtwide tax or taxes that exceeds the greatest number of mills authorized to be levied by anysuch participating municipality for its public library on December 31, 1993 shall be authorized to be leviedfor a period of not more than 20 years.

(5) Of the amount of money stated in the annual budget pursuant to subsection (1) that is not supplied by adistrictwide tax, the legislative body of each participating municipality shall annually pay to the board thepercentage set forth in the agreement pursuant to section 4. A participating municipality may make thepayment by appropriating money from its general fund or by levying a tax for district library purposes on thetaxable property in the municipality, or both.

(6) A participating municipality shall not levy a tax authorized by subsection (5) unless the tax is approvedby a majority of the electors who reside in the participating municipality and vote on the proposal. Not lessthan 60 days before the date of the election, the legislative body of a participating municipality shall certify aproposed tax to the clerk of the municipality or, if the participating municipality is a school district, to thesecretary of the school board for inclusion on the ballot.

(7) A library tax in effect or authorized to be levied by a participating municipality before the municipalitybecame a party to an agreement may be levied at the rate and for the period of time originally authorized andused as a source of all or part of the percentage of money set forth in the agreement pursuant to section 4,unless prohibited by the millage authorization.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 1994, Act 114, Imd. Eff. May 11, 1994.


397.184 Provisions governing elections.Sec. 14. (1) An election for or recall of board members and an election for a districtwide tax shall be

conducted under the provisions of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, andapplicable provisions of the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, except to the extentthat those provisions are inconsistent with the provisions of this act.

(2) If none of the participating municipalities are school districts, an election for a districtwide tax isgoverned by sections 15 to 18 and section 23. If 1 or more of the participating municipalities are schooldistricts, an election for a districtwide tax is governed by section 15 and sections 19 to 23.

(3) If none of the participating municipalities are school districts, an election for district library boardmembers is governed by sections 16 to 18 and section 23. If 1 or more of the participating municipalities areschool districts, an election for district library board members is governed by sections 19 to 23.



397.185 Ballot proposal for districtwide tax; amount of millage; proposed duration; adoptionby resolution; certification; authorization of tax levy; limitation on elections.Sec. 15. (1) A ballot proposal for a districtwide tax shall state the amount of the millage. If section 13(4)



limits the maximum duration of a portion of the millage in a ballot proposal for a districtwide tax, the ballotproposal shall state the proposed duration of that portion of the millage.

(2) If none of the participating municipalities are a school district, a proposal for a districtwide tax shall notbe placed on the ballot unless the proposal is adopted by a resolution of the board and certified by the boardnot later than 60 days before the election to the county clerk of each county in which all or part of the districtis located for inclusion on the ballot. The proposal shall be certified for inclusion on the ballot at the nextgeneral election, the state primary immediately preceding the general election, or a special election held on anotherwise regularly scheduled election date, as specified by the board's resolution.

(3) If 1 or more of the participating municipalities are school districts, a proposal for a districtwide taxshall not be placed on the ballot unless the proposal is adopted by a resolution of the board and certified bythe board not later than 60 days before the election to the school district election coordinator of the largestparticipating school district. The board shall certify the proposal for inclusion on the ballot at the nextregularly scheduled election of school board members in the largest participating school district or at a specialelection held on an otherwise regularly scheduled election date, as specified by the board's resolution. Theschool district election coordinator to whom the ballot proposal was certified shall promptly certify theproposal and date of election to the school district election coordinator of every other participating schooldistrict and to the election officials authorized by this act to conduct the election in the participatingmunicipalities or the portions of participating municipalities located within a nonparticipating school district.

(4) If a majority of the votes cast on the question of a districtwide tax is in favor of the proposal, the taxlevy is authorized. No more than 2 elections shall be held in a calendar year on a proposal for a districtwidetax.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 1994, Act 114, Imd. Eff. May 11, 1994;Am. 2005, Act 60, Imd. Eff. July 7,2005.


397.186 Providing ballots.Sec. 16. If none of the participating municipalities are a school district, the county election commission of

each participating county and each county in which all or part of a participating municipality is located shallprovide ballots for an election for board members or a districtwide tax for each participating municipality orpart of a participating municipality located within the county.



397.187 Conduct of election; list of electors.Sec. 17. (1) Except as otherwise provided in subsection (3), if none of the participating municipalities are

school districts, an election for board members or a districtwide tax shall be conducted by the city andtownship clerks and election officials of the municipalities located within the district.

(2) If an election on a proposal for a districtwide tax is to be held in conjunction with a general election orstate primary election or board members are to be elected and if a participating village is located within anonparticipating township, the township clerk and election officials shall conduct the election. On theforty-fifth day preceding the election, the village clerk shall provide to the township clerk a list containing thename, address, and birth date of each qualified and registered elector of the village or the portion of thevillage that is included in the district. By the fifteenth day preceding the election, the village clerk shallprovide to the township clerk information updating the list as of the close of registration. Persons appearingon the list as updated are eligible to vote in the district election by special ballot.

(3) If a districtwide tax is to be voted on at a special election not held in conjunction with a generalelection or state primary election and if a participating village is located within a nonparticipating township,the village clerk and election officials shall conduct the election.



397.188 Publication of notices of close of registration and election; canvass and certificationof results of election.Sec. 18. (1) If an election for board members or a districtwide tax is to be held in conjunction with a

general election or a state primary election immediately preceding a general election and none of theparticipating municipalities are school districts, the notices of close of registration and election shall bepublished as provided for by the state election laws. Otherwise, if none of the participating municipalities areschool districts, the county clerk of the largest county shall publish the notices of close of registration andRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


election. The notice of close of registration shall include the ballot language of the proposal.(2) If none of the participating municipalities are school districts, the results of an election for board

members or a districtwide tax shall be canvassed by the board of county canvassers of each county in which aparticipating municipality is located. The board of county canvassers of a county in which a participatingmunicipality is located and which is not the largest county shall certify the results of the election to the boardof county canvassers of the largest county. The board of county canvassers of the largest county shall makethe final canvass of an election for board members or a districtwide tax based on the returns of the electioninspectors of the participating municipalities in that county and the certified results of the board of countycanvassers of every other county in which a participating municipality is located. The board of countycanvassers of the largest county shall certify the results of the election to the district library board and issuecertificates of election.



397.189 Printing and providing ballots.Sec. 19. If 1 or more participating municipalities are school districts, the school district election

coordinator of each participating school district shall provide for the printing of ballots for that school district.The school district election coordinator of the largest participating school district shall provide ballots for anelection for board members or a districtwide tax for a participating municipality or part of a participatingmunicipality located within a nonparticipating school district.



397.190 Conduct of election for board members or districtwide tax.Sec. 20. If 1 or more participating municipalities are school districts, the election for board members or a

districtwide tax shall be conducted as follows:(a) The school district election coordinator otherwise authorized by law to conduct elections in a

participating school district shall conduct the election in that school district.(b) If all or a portion of the participating municipality is located within a nonparticipating school district

that is holding an election on the same day as the election for board members or a districtwide tax, the schooldistrict election coordinator authorized by law to conduct elections in the nonparticipating school district shallconduct the election for board members or a districtwide tax in the participating municipality or that portionof the participating municipality located within the nonparticipating school district. The qualified andregistered electors of the participating municipality that reside within the nonparticipating school district shallvote in the election for board members or a districtwide tax by special ballot at their regular polling places inthe election in the nonparticipating school district. Those qualified and registered electors shall be identifiedfrom the registration records of the nonparticipating school district or from a list of the names, addresses, andbirth dates of qualified and registered electors of the participating municipality who reside in thenonparticipating school district and are eligible to vote in elections for board members or a districtwide tax.The list shall be supplied and updated by the clerk of the participating municipality at the request of theschool district election coordinator or other official authorized by law to conduct the election.

(c) If all or a portion of a participating municipality is located within a nonparticipating school district thatis not holding an election on the same day as the election for board members or a districtwide tax, the schooldistrict election coordinator authorized by law to conduct elections in the participating municipality shallconduct the election for board members or a districtwide tax in the participating municipality or that portionof the participating municipality located within the nonparticipating school district.



397.191 Publication of notices for election of board members or districtwide tax; publicationof notices of close of registration and election; ballot language of proposal.Sec. 21. (1) If an election for district board members or a districtwide tax is conducted by a participating

school district under section 20(a), the school district election coordinator required by law to publish noticesof the close of registration and election for a school district election in that school district shall publish thenotices for the election for board members or a districtwide tax in that school district.

(2) If an election for board members or a districtwide tax is conducted in a participating municipality or aportion of a participating municipality by a nonparticipating school district, under section 20(b), the schooldistrict election coordinator required by law to publish the notices of close of registration and election for aRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


school district election in that school district shall publish the notices for the election for board members or adistrictwide tax for the participating municipality or portion of a participating municipality located within thatschool district. The notices of close of registration and election shall designate the participating municipalityfor all or a portion of which the election is being conducted under section 20(b).

(3) If an election for board members or a districtwide tax is conducted by a participating municipalityunder section 20(c), the clerk of the participating municipality shall publish notices of close of registrationand election for the participating municipality or that portion of the participating municipality located in thenonparticipating school district.

(4) A notice of close of registration published under this section shall contain the ballot language of theproposal.



397.192 Canvass and certification of results of election.Sec. 22. (1) If an election for district board members or a districtwide tax is conducted by a participating

school district pursuant to section 20(a), the board of canvassers required by law to canvass the results of aschool district election in that school district shall canvass the results of an election for board members or adistrictwide tax in that school district and, if the school district is not the largest participating school district,certify the results of the election to the board of canvassers of the largest participating school district.

(2) If an election for board members or a districtwide tax is conducted in a participating municipality or aportion of a participating municipality by a nonparticipating school district pursuant to section 20(b), theboard of canvassers required by law to canvass the results of a school district election in that school districtshall canvass the results of an election for board members or a districtwide tax in the participatingmunicipality or portion of the participating municipality located within the nonparticipating school districtand certify the results to the board of canvassers of the largest participating school district.

(3) If an election for board members or a districtwide tax is conducted by a participating municipalitypursuant to section 20(c), the board of canvassers required by law to canvass the results of a municipalelection in that municipality shall canvass the results of an election for board members or a districtwide tax inthe participating municipality or that portion of the participating municipality located within thenonparticipating school district and certify the results of the election to the board of canvassers of the largestparticipating school district.

(4) The board of canvassers required by law to canvass the results of elections held in the largestparticipating school district shall make the final canvass of the election for board members or a districtwidetax based on the returns received from the election inspectors of that district and certified results receivedfrom other boards of canvassers that canvassed part of the election. The board of canvassers required by lawto canvass the results of a school district election in the largest participating school district shall certify thetotal results of the election to the board and issue certificates of election.



397.193 Reimbursement for costs of election.Sec. 23. (1) A county clerk shall charge the district library and the district library shall reimburse the

county for the actual costs the county incurs in an election for board members or a districtwide tax.(2) If a participating township, city, or village conducts an election for district library board members or a

districtwide tax, the clerk of that municipality shall charge the district library and the district library shallreimburse the municipality for the actual costs the municipality incurs in conducting the election if 1 or moreof the following apply:

(a) The election is not held in conjunction with a regularly scheduled election in that municipality.(b) Only a portion of the territory of the municipality is included in the district.(c) The election is conducted under section 20(c) in conjunction with a regularly scheduled election in the

municipality and a portion of the municipality lies within the boundaries of a nonparticipating school district.(3) If an election for district library board members or a districtwide tax is held in conjunction with the

regular election of a participating school district, the school district election coordinator authorized by law toconduct the election shall charge the district library and the district library shall reimburse the school districtfor the additional costs that the school district incurs in conducting the election.

(4) In addition to costs reimbursed under subsection (1), (2), or (3), a municipality shall charge the districtlibrary and the district library shall reimburse the municipality for actual costs that the municipality incurs andthat are exclusively attributable to an election for board members or a districtwide tax.Rendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


(5) The actual costs that a county, township, city, village, or school district incurs shall be based on thenumber of hours of work done in conducting the election, the rates of compensation of the workers, and thecost of materials supplied in the election.



397.194 Withdrawal of municipality from district library; amendment of agreement;dissolution.Sec. 24. (1) Except to the extent that the agreement provides otherwise, a participating municipality in

which a district library tax is in effect or authorized to be levied by the district library or by the participatingmunicipality may withdraw from the district library if all of the following requirements are satisfied:

(a) Not less than 2 months before the next regularly scheduled election of the municipality, the legislativebody of the municipality adopts a resolution to withdraw from the district library on a date specified in theresolution. The date specified shall be not less than 6 months after the next regularly scheduled election of themunicipality.

(b) Notice of an election on the resolution is published in a newspaper published or of general circulationin the municipality not less than 10 days before the next regularly scheduled election of the municipalityfollowing adoption of the resolution.

(c) The resolution is approved by a majority of the electors of the municipality voting on the resolution atthe next regularly scheduled election of the municipality following adoption of the resolution. If only aportion of the territory of a municipality is included in the district, the vote shall be conducted only in thatportion of the municipality included in the district.

(d) After approval of the resolution by the electors, the clerk of the municipality or, if the municipality is aschool district, the school district election coordinator files with the library of Michigan a copy of the officialcanvass statement and a certified copy of the resolution and files with the board a copy of the official canvassstatement and a number of certified copies of the resolution sufficient for distribution to the legislative bodyof each of the participating municipalities.

(e) Payment or the provision for payment to the district library or its creditors of all obligations of themunicipality seeking to withdraw is made.

(f) The legislative body of the withdrawing municipality furnishes to the library of Michigan a plan forcontinuing, after the municipality no longer receives library services from the district library, public libraryservice for all residents of the withdrawing municipality or the portion of the territory of the withdrawingmunicipality that is included in the district.

(2) A district library tax in effect or authorized to be levied by the district library or by the withdrawingmunicipality before the adoption of the resolution to withdraw shall be levied in the municipality for itsoriginal purpose but only for the period of time originally authorized and only so long as the board continuesin existence. In addition, a municipality that withdraws from a district library shall continue to receive libraryservices from the district library so long as a districtwide tax authorized to be levied before the withdrawal ofthe municipality continues to be levied in the municipality and the district library remains in operation.

(3) Except to the extent that the agreement provides otherwise, a participating municipality in which nodistrict library tax is in effect or authorized to be levied by either the district library or the participatingmunicipality may withdraw from the district library if all of the following requirements are satisfied:

(a) The legislative body of the municipality adopts a resolution to withdraw from the district library on adate specified in the resolution. The withdrawal date shall follow the date of the resolution by not less than 1year.

(b) The clerk of the municipality or, if the municipality is a school district, the school district electioncoordinator files with the library of Michigan a certified copy of the resolution and files with the board anumber of certified copies of the resolution sufficient for distribution to the legislative bodies of each of theparticipating municipalities.

(c) The requirements of subsection (1)(e) and (f) are satisfied.(4) After the withdrawal of a municipality, the agreement shall be amended to reflect the withdrawal.(5) The state librarian may initiate proceedings to dissolve a district library established under this act if he

or she finds 1 or more of the following:(a) The district library does not qualify for distribution of state aid and penal fines.(b) The district library board has not met within the last 12 months.(c) The district library lacks the funding to provide adequate library-related services.History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2005, Act 60, Imd. Eff. July 7, 2005.





397.195 Municipality other than school district as party to existing agreement; requirements;acceptance conditioned on authorization of tax; change in number of mills based ondistrict library agreement.Sec. 25. (1) A municipality other than a school district may become a party to an existing agreement if the

agreement's requirements concerning the addition of a participating municipality are satisfied, or, in theabsence of requirements in the agreement, if each of the following requirements is satisfied:

(a) The legislative body of the municipality resolves by majority vote that the municipality become aparticipating municipality and that all or, pursuant to section 3(2), a portion of the territory of the municipalitybe added to the district.

(b) The resolution is conditioned upon the board's adopting, within a period of time specified in theresolution, amendments to the agreement specified in the resolution. The amendments specified shall reflectthe addition of the municipality or of the territory to the district and shall include, but need not be limited to,changes in board representation or the percentage of funds necessary for the establishment and operation ofthe district library to be supplied by each participating municipality after the municipality becomes a party tothe agreement.

(c) The board amends the agreement within the time and in the manner specified in the resolution of thelegislative body of the municipality. Notwithstanding anything to the contrary in the procedure for amendingthe agreement set forth in the agreement pursuant to section 4, the amendment shall be made by majority voteof the members of the board elected or appointed and serving.

(2) If there is a districtwide library tax, the board shall condition acceptance of the municipality or portionof the territory of the municipality into the district on the authorization of that tax by a majority of the electorsof the municipality or portion of the territory of the municipality voting on the proposal.

(3) Notwithstanding section 13 or a districtwide tax or taxes authorized by section 13, an existing districtlibrary agreement may change the number of mills authorized in the existing district library agreement if 1 ormore municipalities or parts of municipalities join the existing district library district through a preexistingwritten agreement with the district library board. The change of the number of mills to be levied in the districtlibrary district shall be contingent on the approval by a majority of the voters of the existing district librarydistrict voting on the question and on the approval of a majority of the voters of each municipality or part of amunicipality seeking to join the existing library district voting on the question. Defeat of the proposalsubmitted to the electors of the existing district library district shall not have any effect on the validity of thecontinued levy by the existing district library and district library board of previously authorized millage.

History: 1989, Act 24, Imd. Eff. May 22, 1989;Am. 2002, Act 540, Imd. Eff. July 26, 2002;Am. 2003, Act 279, Imd. Eff. Jan. 8,2004.


397.195a Repealed. 2003, Act 279, Imd. Eff. Jan. 8, 2004.Compiler's note: The repealed section pertained to a consolidated district library agreement.


397.196 Repeal of MCL 397.271 to 397.276.Sec. 26. Act No. 164 of the Public Acts of 1955, being sections 397.271 to 397.276 of the Michigan

Compiled Laws, is repealed.History: 1989, Act 24, Imd. Eff. May 22, 1989.




CITY, VILLAGE, AND TOWNSHIP LIBRARIESAct 164 of 1877

AN ACT to authorize cities, incorporated villages, and townships to establish and maintain, or contract forthe use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies.

History: 1877, Act 164, Eff. Aug. 21, 1877;Am. 1984, Act 128, Imd. Eff. June 1, 1984;Am. 1998, Act 177, Eff. Mar. 23, 1999.


397.201 Public library and reading room; establishment and maintenance by city council; taxlevy; library fund; tax additional to tax limitation.Sec. 1. (1) The city council of each incorporated city may establish and maintain a public library and

reading room for the use and benefit of the inhabitants of the city. The city council may levy a tax of not toexceed 1 mill on the dollar annually on all the taxable property in the city. If approved by a majority of thevoters voting on the proposal at the regular annual election, the city council may increase the tax levied by notto exceed 1 additional mill on the dollar annually on all the taxable property in the city. The tax shall belevied and collected in the same manner as other general taxes of the city, and shall be deposited in a fund tobe known as the “library fund.”

(2) The tax levied under this section shall be in addition to any tax limitation imposed by a city charter.History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5175;CL 1897, 3449;CL 1915, 3431;CL 1929, 8059;CL 1948, 397.201

;Am. 1986, Act 133, Imd. Eff. June 16, 1986.

397.202 Governing board; number; qualifications; terms.Sec. 2. (1) If a city council decides to establish and maintain a public library and reading room under this

act, the mayor of that city shall, with the approval of the city council, appoint a governing board of 5 membersfor the library and reading room, chosen from the citizens at large, with reference to their fitness for thatoffice. Not more than 1 member of the city council may be a member of the board at any 1 time.

(2) If a city council decides, after the first appointment of the governing board under subsection (1), thatthe purposes of the library and reading room would be better served by a different number of members on thegoverning board, the city council may by ordinance change the number of members to an odd number not lessthan 5 or more than 9.

(3) The term of office for each member of the governing board may be changed by ordinance to a term ofnot less than 2 years or more than 5 years.

(4) Notwithstanding section 3, if the term of office is changed by ordinance by a city council, the term ofoffice for subsequent appointments by the mayor shall be the same as prescribed by the ordinance.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5176;CL 1897, 3450;CL 1915, 3432;CL 1929, 8060;Am. 1931, Act248, Eff. Sept. 18, 1931;CL 1948, 397.202;Am. 2000, Act 99, Imd. Eff. May 19, 2000;Am. 2014, Act 131, Imd. Eff. May 27,2014.

397.203 Boards of directors; appointment; terms; removal.Sec. 3. The offices of boards of directors appointed before July 1, 1932 under this act, consisting of 9

members, are vacant effective July 1, 1932, and a board of 5 members to succeed them or a board of 5members for a library newly established under this act shall be first appointed as follows: 1 member shall beappointed for a term of 5 years, 1 member shall be appointed for a term of 4 years, 1 member shall beappointed for a term of 3 years, 1 member shall be appointed for a term of 2 years, 1 member shall beappointed for a term of 1 year, and annually thereafter the mayor shall appoint 1 member for a term of 5years. The mayor may, by and with the consent of the city council, remove any member for misconduct orneglect of duty.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5177;CL 1897, 3451;CL 1915, 3433;CL 1929, 8061;Am. 1931, Act248, Eff. Sept. 18, 1931;CL 1948, 397.203;Am. 2014, Act 131, Imd. Eff. May 27, 2014.

397.204 Governing board; vacancy; compensation.Sec. 4. A vacancy in the governing board of a library occasioned by removal, resignation, or otherwise,

shall be reported to the city council and filled in the same manner as the original appointment, and no membershall receive compensation as such.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5178;CL 1897, 3452;CL 1915, 3434;CL 1929, 8062;CL 1948, 397.204;Am. 2014, Act 131, Imd. Eff. May 27, 2014.



397.205 Governing board; president; officers; powers and duties; library fund; expenditures;establishment and maintenance of public library and reading room.Sec. 5. The governing board of a library shall, immediately after appointment, meet and organize, by the

election of 1 member as president, and by the election of other officers as necessary. The governing boardshall make and adopt bylaws, rules, and regulations for its own guidance and for the government of the libraryand reading room, consistent with this act. The governing board has exclusive control of the expenditure of allmoney collected to the credit of the library fund, the construction of any library building, and the supervision,care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for that purpose. Allmoney received for the library shall be deposited in the treasury of the city to the credit of the library fund,shall be kept separate and apart from other money of the city, and drawn upon by the proper officers of thecity upon the properly authenticated vouchers of the library board. The governing board may purchase orlease grounds and occupy, lease, or erect an appropriate building or buildings for the use of the library; hasthe power to appoint a suitable librarian and necessary assistants and fix their compensation; and removeappointees. The governing board shall carry out the spirit and intent of this act in establishing and maintaininga public library and reading room.


397.206 City library; free use; regulations.Sec. 6. Every library and reading room established under this act shall be forever free to the use of the

inhabitants where located, always subject to such reasonable rules and regulations as the library board mayadopt; and said board may exclude from the use of said library and reading room any and all persons whoshall wilfully violate such rules.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5180;CL 1897, 3454;CL 1915, 3436;CL 1929, 8064;CL 1948, 397.206.

397.207 Governing board; annual report; contents; affidavit.Sec. 7. The governing board appointed under section 2 shall annually report to the city council on the

money received from the library fund and from other sources, and how the money has been expended and forwhat purposes; the number of books and periodicals on hand; the number added by purchase, gift, orotherwise during the year; the number lost or missing; the number of visitors attending; the number of booksloaned out, and the general character and kind of those books; as well as other statistics, information, andsuggestions as it deems appropriate. All portions of the report that relate to the receipt and expenditure ofmoney, as well as the number of books on hand, books lost or missing, or books purchased, shall be verifiedby affidavit.


397.208 City library; injury to property, ordinances, penalties.Sec. 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the

punishment of persons committing injury upon such library, or the grounds or other property thereof, or forwilful injury to or failure to return any book belonging to such library.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5182;CL 1897, 3456;CL 1915, 3438;CL 1929, 8066;CL 1948, 397.208.

397.209 Donation of money, personal property, or real estate; governing board as trustee.Sec. 9. Any person desiring to donate money, personal property, or real estate for the benefit of a library

has the right to vest the title to money or real estate donated in a governing board created under this act, to beheld and controlled by that board when accepted according to the terms of the deed, gift, devise, or bequest ofthe property. The governing board shall be considered a special trustee of money, personal property, or realestate donated under this section.


397.210 Free public library in village or township; petition to levy tax for establishment;notice of election; library fund; governing board; estimate of money necessary for supportand maintenance of library; report; assessment and collection of tax; powers of corporateauthorities; library as authority under state constitution.



Sec. 10. (1) Fifty voters of an incorporated village or township may present to the clerk of the village ortownship a petition asking that a tax be levied for the establishment of a free public library in the village ortownship and specifying the rate of taxation, not to exceed 2 mills on the dollar. The tax may be of unlimitedduration or the petition may specify the number of years for which the tax shall be levied. The clerk, in thenext legal notice of the regular election in that village or township, shall give notice that at the election everyvoter may vote on the proposition including the rate and any duration of taxation for the free public library.

(2) If the majority of all the votes cast in the village or township is for the tax for a free public library, thetax specified in the notice shall be levied and collected in the same manner as other general taxes of thatvillage or township for the period, if any, specified in the petition, and shall be placed in a fund known as thelibrary fund.

(3) If a free public library is established and a governing board elected and qualified, that board, on orbefore the first Monday of September in each year for a free public library established by a township, and onor before the second Monday in April in each year for a free public library established by an incorporatedvillage, shall prepare an estimate of the amount of money necessary for the support and maintenance of thelibrary for the ensuing year, not exceeding 2 mills on the dollar of the taxable property of the village ortownship. Unless any period specified in the petition for the levy of the tax has expired, the governing boardshall report the estimate to the assessor of the village or the supervisor of the township for assessment andcollection in the same manner as other village or township taxes and the tax shall be so assessed andcollected. A corporate authority of a village or township may exercise the same powers conferred upon thecorporate authority of a city under this act.

(4) A library established under this section constitutes an authority under section 6 of article IX of the stateconstitution of 1963.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5184;Am. 1885, Act 36, Eff. Sept. 19, 1885;CL 1897, 3458;Am. 1907,Act 42, Imd. Eff. Apr. 11, 1907;CL 1915, 3440;CL 1929, 8068;CL 1948, 397.210;Am. 1986, Act 133, Imd. Eff. June 16, 1986;Am. 1994, Act 81, Imd. Eff. Apr. 11, 1994;Am. 2014, Act 131, Imd. Eff. May 27, 2014.

397.210a Free public library in city; establishment; petition for tax; notice; library fund;preparing and reporting estimate of money necessary for support and maintenance; taxadditional to tax limitation.Sec. 10a. (1) Fifty voters of a city may present to the clerk of the city a petition asking that a tax be levied

for the establishment of a free public library in that city and specifying a rate of taxation not to exceed 2 millson the dollar. The tax may be of unlimited duration or the petition may specify the number of years for whichthe tax shall be levied. The clerk, in the next legal notice of the regular election in that city, shall give noticethat at the election every voter may vote upon the proposition. The notice shall specify the rate and anyduration of taxation mentioned in the petition.

(2) If a majority of all the votes cast in the city upon the proposition is for the tax for a free public library,the tax specified in the notice shall be levied and collected in the same manner as other general taxes of thatcity for the period, if any, specified in the petition, and shall be placed in a fund to be known as the "libraryfund".

(3) If the free public library is established under this section, and a governing board is elected and qualifiedas provided in section 11, the board, on or before the first Monday in September in each year, shall prepare anestimate of the amount of money necessary for the support and maintenance of the free public library for theensuing year, not to exceed 2 mills on the dollar of the taxable property of the city. Unless any periodspecified in the petition for the levy of the tax has expired, the governing board shall report the estimate to thelegislative body of the city. The legislative body shall raise by tax upon the taxable property in the city theamount of the estimate in the same manner that other general taxes are raised in the city.

(4) A tax levied under this section shall be in addition to any tax limitation imposed by a city charter.History: Add. 1911, Act 178, Eff. Aug. 1, 1911;CL 1915, 3441;CL 1929, 8069;Am. 1931, Act 248, Eff. Sept. 18, 1931;CL

1948, 397.210a;Am. 1980, Act 521, Eff. Mar. 31, 1981;Am. 1986, Act 133, Imd. Eff. June 16, 1986;Am. 1994, Act 81, Imd. Eff.Apr. 11, 1994;Am. 2014, Act 131, Imd. Eff. May 27, 2014.

397.210b Free public library established in township or village incorporated as city;continuation of library board, library, and tax.Sec. 10b. If a township or village in which a free public library has been established pursuant to section 10

is incorporated in its entirety as a city, the library board of the free public library shall continue in office andthe free public library shall continue in existence and be governed by the provisions of section 10a as if thefree public library had originally been established as a free public library under section 10a. Any taxpreviously authorized pursuant to this act for the support of the free public library shall continue in effect afterRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


the incorporation and shall then be assessed and collected on the taxable property in the city as provided insection 10a.

History: Add. 1982, Act 286, Imd. Eff. Oct. 7, 1982.

397.210c Increasing or renewing library millage; ballot; election; validation of millagerenewal.Sec. 10c. (1) If a city, village, or township has voted on, approved, and established a library pursuant to

this act and the governing board by resolution determines that the estimate of the amount of money necessaryfor the support and maintenance of the library exceeds the previously authorized millage or that, if thepreviously authorized millage was approved for a specific number of years, the millage should be renewed,the question of increasing the library millage to not more than 2 mills or of renewing the millage shall beplaced on the ballot for approval at the next regular annual election for that city, village, or township or at aspecial election for that city, village, or township. The increase or renewal may be of unlimited duration or thequestion may specify the number of years for which the increase or renewal shall be levied. The costs of aspecial election shall be paid from the library fund.

(2) If a library millage was renewed in the manner provided by subsection (1) before April 11, 1994, thatmillage renewal is hereby validated.

History: Add. 1986, Act 133, Imd. Eff. June 16, 1986;Am. 1994, Act 81, Imd. Eff. Apr. 11, 1994;Am. 2014, Act 131, Imd. Eff.May 27, 2014.

397.211 Vote of city, village, or township to establish free public library; governing board;establishment; provisional or permanent; membership; powers.Sec. 11. (1) Immediately after a city, a village, or a township has voted to establish a free public library,

the city, village, or township shall establish a governing board as provided in subsections (3) and (4).(2) If a city, village, or township has a free public library that has not elected a governing board, including

a city library and governing board established under sections 1 to 10, the city, village, or township shallestablish a governing board as provided in subsections (3) and (4).

(3) The legislative body of a city, village, or township described in subsection (1) or (2) shall appoint aprovisional governing board of 6 members who shall hold office until the next city, village, or townshipelection of a permanent governing board.

(4) A permanent governing board shall be established for a city, village, or township described insubsection (1) or (2) as follows:

(a) In a city or village that holds an annual election, 6 members shall be elected. The terms of 2 of themembers shall be 1 year; the terms of 2 of the members shall be 2 years; and the terms of 2 of the membersshall be 3 years. Each year thereafter, 2 members shall be elected for 3-year terms.

(b) In a city or village that holds biennial elections, 6 members shall be elected. The terms of 2 of themembers shall be 2 years; the terms of 2 of the members shall be 4 years; and the terms of 2 of the membersshall be 6 years. Biennially thereafter, 2 members shall be elected for 6-year terms.

(c) In a city or village that holds elections for city or village officers every 4 years, 6 members shall beelected for 4-year terms.

(d) In a township that holds elections for township officers every 4 years, 6 members shall be elected for4-year terms.

(e) The members shall be nominated and elected on nonpartisan ballots. A candidate for city, village, ortownship governing board member shall be a qualified elector of that city, village, or township and shall filenonpartisan nominating petitions bearing the signatures of a number of registered and qualified electors ofthat city, village, or township as follows:

(i) For a city, village, or township having a population of 9,999 or less, not less than 6 or more than 20signatures.

(ii) For a city, village, or township having a population of 10,000 or more, not less than 40 or more than100 signatures.

(f) In lieu of the nominating petitions prescribed in subdivision (e), an individual may file with the clerkconducting an election a $100.00 nonrefundable fee to have his or her name placed on the ballot.

(g) The Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, governs the circulation and filing ofnonpartisan nominating petitions and the conduct of nonpartisan elections under this section. A nonpartisanelection conducted under this section shall be held in conjunction with the city, village, or township's nextregularly scheduled primary or general election.

(5) Except as otherwise provided in this subsection, a member shall hold office until a successor is electedand qualified. The office of member becomes vacant when the incumbent dies, resigns, is convicted of aRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


felony, is removed from office by the governor under section 10 of article V of the state constitution of 1963,or, except as otherwise provided in this subsection, ceases to be a qualified elector of the city, village, ortownship in which he or she was appointed or elected. A member who is serving a term on a library governingboard on the effective date of the amendatory act that added this sentence and who during that term ceases tobe a qualified elector of the city, village, or township in which he or she was appointed or elected may servethe remainder of the term, but may not seek another term on the library governing board of that city, village,or township unless he or she meets the requirements of subsection (4)(e).

(6) A city or village library governing board shall fill a vacancy in a membership by appointment of anindividual to hold office until the next regular election at which city or village officers are elected. A townshiplibrary governing board shall fill a vacancy in a membership by appointment of an individual to hold officeuntil the next general November election.

(7) A provisional or permanent governing board has the powers prescribed in section 5.History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5185;CL 1897, 3459;Am. 1905, Act 67, Eff. Sept. 16, 1905;CL 1915,

3442;CL 1929, 8070;Am. 1931, Act 248, Eff. Sept. 18, 1931;Am. 1945, Act 60, Imd. Eff. Mar. 28, 1945;CL 1948, 397.211;Am. 1978, Act 130, Imd. Eff. May 4, 1978;Am. 1980, Act 114, Imd. Eff. May 14, 1980;Am. 1980, Act 521, Eff. Mar. 31, 1981;Am. 1984, Act 138, Imd. Eff. June 1, 1984;Am. 1988, Act 432, Imd. Eff. Dec. 27, 1988;Am. 2002, Act 160, Eff. Jan. 1, 2003;Am.2014, Act 131, Imd. Eff. May 27, 2014.

397.211a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.Sec. 11a. A petition under section 10, 10a, or 11, including the circulation and signing of the petition, is

subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates aprovision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petitiondescribed in this section is subject to the penalties prescribed for that violation in the Michigan election law,1954 PA 116, MCL 168.1 to 168.992.

History: Add. 1998, Act 177, Eff. Mar. 23, 1999.

397.212 Applicability of MCL 397.210a and 397.211; exception; organization of existingpublic library under MCL 397.210a.Sec. 12. Except as otherwise provided in section 10b, sections 10a and 11 do not apply to a city, village, or

township maintaining a public library under a special act or to a public library contained in the 1979 statementprepared by the state board for libraries pursuant to section 8 of Act No. 59 of the Public Acts of 1964, beingsection 397.38 of the Michigan Compiled Laws. However, an existing public library may, by petition, beorganized under section 10a regardless of the library's original organization.

History: 1877, Act 164, Eff. Aug. 21, 1877;How. 5186;CL 1897, 3460;CL 1915, 3443;CL 1929, 8071;CL 1948, 397.212;Am. 1978, Act 130, Imd. Eff. May 4, 1978;Am. 1980, Act 521, Eff. Mar. 31, 1981;Am. 1982, Act 286, Imd. Eff. Oct. 7, 1982.

397.213 Use of library services by adjacent township, village, or city; contract; payment.Sec. 13. (1) Notwithstanding a contrary city, village, or township charter provision, a township, village, or

city adjacent to a township, village, or city that supports a free public circulating library and reading roomunder this act may contract for the use of library services with that adjacent township, village, or city.

(2) A township, city, or village may pay for the use of library services contracted for under subsection (1)by levying a tax not to exceed 2 mills of its state equalized valuation, by use of money from the municipality'sgeneral fund, or with money received under Act No. 59 of the Public Acts of 1964, being sections 397.31 to397.40 of the Michigan Compiled Laws. A tax shall not be levied or increased under this section unless amajority of the electors of the municipality voting on the question vote in favor of the tax.

History: Add. 1903, Act 19, Eff. Sept. 17, 1903;CL 1915, 3444;CL 1929, 8072;CL 1948, 397.213;Am. 1984, Act 128,Imd. Eff. June 1, 1984;Am. 1987, Act 216, Imd. Eff. Dec. 22, 1987.

397.214 Contract with township, city, or village for use of library and reading room;procedure; tax levy; library fund.Sec. 14. (1) Upon receipt of a petition signed by not less than 10% of the electors in any township based on

the highest vote cast at the last regular election for township officers of the township, addressed to thetownship board, requesting that a meeting be called of the electors in the township, to consider making acontract with any township, city, or village supporting and maintaining a free public circulating library andreading room under this act, or under any special act, for the use of its privileges by the residents of thetownship, the township board shall call a meeting of the electors of the township by posting a notice in at least5 public places within the township not less than 10 days before the meeting. The electors present at themeeting shall determine whether the township shall enter into a contract for the use of a free public circulating



library and reading room in any township, city, or village and the rate of taxation to be levied for the purposeof paying for that use if the electors decide to enter into such a contract. However, a tax so levied shall notexceed 1 mill of the state equalized valuation of the township. If a majority of those present and voting are infavor of the township contracting for the use of a free public circulating library and reading room maintainedin any township, city, or village, the township board may enter into a contract and shall levy and collect thetax provided for in this subsection, which shall be placed in a fund to be known as the "library fund". Themoney in the library fund shall be paid over by the township treasurer to the treasurer of the township, city, orvillage in which the library is located on the first day of January, February, and March of each year, to bedisbursed under section 5. This subsection is not a limitation on the contractual power of a legislative body ofa city, village, or township under section 13.

(2) Notwithstanding any contrary provision in a township, city, or village charter, the governing board of alibrary of a township, city, or village supporting and maintaining a free public circulating library and readingroom under this act, or under any special act, may enter into a contract with another township, city, or villageto provide the residents of that other township, city, or village with the full use of the library and readingroom, upon terms and conditions agreed upon between the governing board of the library and the legislativebody of the other township, city, or village. A contract entered into under this subsection shall be executed fora term of 3 years, shall be automatically extended for an indefinite term after the initial 3-year period, andshall be terminable by either party only upon 6 months' notice of the intent to terminate the contract.

History: Add. 1903, Act 19, Eff. Sept. 17, 1903;Am. 1911, Act 272, Eff. Aug. 1, 1911;CL 1915, 3445;CL 1929, 8073;Am.1931, Act 248, Eff. Sept. 18, 1931;CL 1948, 397.214;Am. 1984, Act 128, Imd. Eff. June 1, 1984;Am. 2014, Act 131, Imd. Eff.May 27, 2014.

397.215 Contract for use of library services by county; joint governing board; membership;provisions of contract; powers and duties of joint governing board.Sec. 15. (1) In a county that does not have a county library established under 1917 PA 138, MCL 397.301

to 397.305, or counties in which the population exceeds 1,000,000, a contract for use of library services undersection 13 may provide for joint representation on the library governing board. A joint governing board shallnot have more than 9 members.

(2) A contract for use of library services that provides for joint representation may provide that a memberserving on a governing board on the day before the establishment of a joint governing board shall become amember of the joint governing board and shall serve out the balance of his or her unexpired term.

(3) A contract for the use of library services shall specify all of the following:(a) Whether members added to an existing governing board to create a joint governing board are elected or

appointed.(b) The method of election or appointment of members added to an existing governing board to create a

joint governing board.(c) Lengths of terms of office of members added to an existing governing board to create a joint governing

board. The terms of the added members shall be staggered. If a contract establishing a joint governing boardis terminated, the terms of all added members end on the date of termination.

(d) The method of removal of, and the causes upon which removal may be based for, a member added toan existing governing board to create a joint governing board.

(e) The method of filling a vacancy in the office of a member added to an existing governing board tocreate a joint governing board. A vacancy shall be filled for the balance of the unexpired term.

(f) Any other provision that is considered necessary or advisable.(4) Selection, length of terms, manner of filling vacancies, and removal of the members of the existing

governing board who become members on the joint governing board are governed by state law or by thetownship, city, or village charter.

(5) If a contract for use of library services that provides for joint representation does not provide thatmembers on the existing governing board become members on the joint governing board, the offices of themembers of the existing governing board shall be vacated on the date the joint governing board assumesjurisdiction and the contract shall include the provisions required by subsection (3), which shall apply to theentire joint governing board.

(6) A joint governing board established under this section has the same powers and duties as a governingboard of a library under sections 5 to 7.

History: Add. 1984, Act 128, Imd. Eff. June 1, 1984;Am. 2014, Act 131, Imd. Eff. May 27, 2014.

397.216 Rights in use and benefits of library; uniform rules and regulations.Sec. 16. After fulfilling the contractual requirements, the people of a township, village, or city that has



contracted for library services with another township, village, or city have all rights in the use and benefits ofthe library that they would have if they lived in the township, village, or city where the library is established,subject to uniform rules and regulations established by the governing board.

History: Add. 1903, Act 19, Eff. Sept. 17, 1903;CL 1915, 3446;CL 1929, 8074;CL 1948, 397.216;Am. 1984, Act 128,Imd. Eff. June 1, 1984;Am. 2014, Act 131, Imd. Eff. May 27, 2014.

397.217 Joint municipal libraries; villages and cities.Sec. 17. The people of villages may join with townships, or townships with villages, or either with cities,

by complying with similar provisions, as aforesaid in this act, and as amended, for the purpose of maintaining,supporting and receiving the benefits from a free public circulating library.

History: Add. 1903, Act 19, Eff. Sept. 17, 1903;CL 1915, 3447;CL 1929, 8075;CL 1948, 397.217.



TRANSFER OF CITY PUBLIC LIBRARIESAct 181 of 1973

AN ACT to provide for the transfer of certain public libraries to the governing body of a city; to providefor continued operation and maintenance of the libraries; to provide for the conveyances; and to provide forthe succession to title and interest of libraries.

History: 1973, Act 181, Imd. Eff. Dec. 28, 1973.


397.231 Effect of repealing local act governing city public library.Sec. 1. If the local act governing a city public library is repealed, the governing body of the city shall

succeed to all title and interest in the real and personal property of the library.History: 1973, Act 181, Imd. Eff. Dec. 28, 1973.

397.232 Operation and maintenance of library by governing body of city.Sec. 2. The governing body of the city may continue to operate and maintain the library in accordance with

appropriate statutes of this state or the charter of that governmental unit.History: 1973, Act 181, Imd. Eff. Dec. 28, 1973.

397.233 Conveyance of library property to other governing body.Sec. 3. The governing body of the city may convey the property of such library to the governing body of

another governmental unit for use of the property for library purposes.History: 1973, Act 181, Imd. Eff. Dec. 28, 1973.

PUBLIC LIBRARIES; BONDSAct 305 of 1919

397.241-397.246 Repealed. 2002, Act 344, Imd. Eff. May 23, 2002.



LIBRARIES UNDER BOARDS OF EDUCATIONAct 261 of 1913

AN ACT to authorize boards of education to provide for the maintenance of free public libraries existingunder the control of boards of education of the cities; to authorize and empower said boards of education toraise or borrow money and issue bonds in sufficient sum to purchase property or site, erect and maintainbuildings for use as a free public library and other educational purposes.

History: 1913, Act 261, Eff. Aug. 14, 1913.


397.261 Boards of education library; annual expense estimates.Sec. 1. Boards of education in cities where free public libraries are under control of such boards of

education by reason of existing charters or otherwise, from and after the passage of this act are herebyauthorized and empowered to include in their annual estimate a sum or sums sufficient to properly care forand defray the expense of maintenance and to purchase new books required for such libraries.

History: 1913, Act 261, Eff. Aug. 14, 1913;CL 1915, 5836;CL 1929, 8081;CL 1948, 397.261.

397.262 Boards of education; raising money for purchase of property; bonds; issuance;approval by electors; issuance subject to revised municipal finance act.Sec. 2. (1) Boards of education in cities having the control of free public libraries by reason of existing

charters or otherwise are hereby authorized and empowered to raise money, either by including the amount intheir annual estimates or by borrowing on the faith and credit of the school district and issuing certificates orbonds to secure the payment of the amount borrowed, sufficient to purchase property for a site and to providethe money necessary to erect, equip, and maintain buildings for a free public library and other educationaluses.

(2) Bonds provided for in this act shall not be issued until the question of the issuance of those bonds hasbeen submitted to the electors of the district affected and approved by a majority of the electors voting on thequestion.

(3) Bonds issued under this act are subject to the revised municipal finance act, 2001 PA 34, MCL141.2101 to 141.2821.

History: 1913, Act 261, Eff. Aug. 14, 1913;CL 1915, 5837;CL 1929, 8082;CL 1948, 397.262;Am. 2002, Act 346, Imd.Eff. May 23, 2002.

DISTRICT LIBRARIESAct 164 of 1955

397.271-397.276 Repealed. 1989, Act 24, Imd. Eff. May 22, 1989.



DISTRICT LIBRARY FINANCING ACTAct 265 of 1988

AN ACT to authorize district libraries to acquire, construct, or furnish real or personal property for use forlibrary purposes; to authorize district libraries to borrow money and issue bonds and notes and refundingbonds and notes for those acquisitions; and to authorize district libraries to levy a tax for, and to pledge theirfull faith and credit to, the payment of contracts, bonds, and notes.

History: 1988, Act 265, Imd. Eff. July 15, 1988.


397.281 Short title.Sec. 1. This act shall be known and may be cited as the “district library financing act”.History: 1988, Act 265, Imd. Eff. July 15, 1988.

397.282 Definitions.Sec. 2. As used in this act:(a) “Board” means that term as defined in section 2 of the district library establishment act.(b) “District” means that term as defined in section 2 of the district library establishment act.(c) “District library” means a library established pursuant to the district library establishment act or a

library considered to be established pursuant to the district library establishment act under section 6 of thatact.

(d) “Legislative body” means, if the municipality is a school district, the school board.(e) “Municipality” means that term as defined in section 2 of the district library establishment act.(f) “Participating” means that term as defined in section 2 of the district library establishment act.History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989.

397.283 Powers of board.Sec. 3. A board may do 1 or more of the following:(a) Acquire real or personal property for use for library purposes by purchase, land contract, installment

purchase contract, lease with or without option to purchase, or title retaining contract.(b) Borrow money and issue its negotiable bonds or notes to finance the acquisition, construction, and

furnishing of buildings or portions of buildings for use for library purposes, the acquisition of the necessarysites for library buildings, or the acquisition and installation of equipment necessary for the operation of thelibrary buildings.

(c) Submit to the electors of the district a question proposing the issuance of bonds for the purposesdescribed in this act.

(d) Borrow money and issue its negotiable bonds and notes for the purpose of refunding outstanding debtobligations of the district issued for the purposes described in this act.

History: 1988, Act 265, Imd. Eff. July 15, 1988.

397.284 Limitation on borrowing money or issuing bonds or notes; conditions to issuance ofgeneral obligation unlimited tax bonds; ballot question.Sec. 4. (1) A district library shall not borrow money or issue bonds or notes for a sum that, together with

the total outstanding bonded indebtedness of the district library, exceeds 5% of the state equalized valuationof the taxable property within the district.

(2) A district library shall not issue general obligation unlimited tax bonds unless all of the followingconditions are met:

(a) The board adopts a resolution submitting the question of issuing general obligation unlimited tax bondsor notes to the electors of the district.

(b) The question of issuing general obligation unlimited tax bonds or notes is certified by the board and theelection is conducted in the manner provided in sections 14 to 23 of the district library establishment act, 1989PA 24, MCL 397.184 to 397.193, for an election for a districtwide tax.

(c) A majority of the qualified electors of the district voting on the question approve the issuing of thegeneral obligation unlimited tax bonds.

(3) The question of issuing general obligation unlimited tax bonds pursuant to subsection (2) shall besubmitted by ballot in substantially the following form:

"Shall the district library, formed by



________, county[ies] of ________, State ofMichigan, borrow the sum of not to exceed________ dollars ($________) and issue itsgeneral obligation unlimited tax bonds for allor a portion of that amount for the purpose of________?Yes [ ] No [ ]"

History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989;Am. 2002, Act 345, Imd. Eff. May23, 2002.

397.285 Issuance of limited tax bonds or notes by resolution.Sec. 5. Except as otherwise provided in section 4, a district library may issue limited tax bonds or notes by

resolution of the board, without submitting the question to the electors of the district.History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989;Am. 2002, Act 345, Imd. Eff. May

23, 2002.

397.286 Repealed. 1989, Act 25, Imd. Eff. May 22, 1989.Compiler's note: The repealed section pertained to borrowing money, issuing bonds or notes, and condition to establishment of

district library.

397.287 Bonds as debt of district library; withdrawal of participating municipality fromdistrict library.Sec. 7. Bonds issued pursuant to this act are debt of the district library and not of the participating

municipalities. If a participating municipality withdraws from a district library, taxes imposed for payment ofbonds approved as provided in this act before the adoption of the resolution to withdraw shall continue to belevied within the district as if the municipality did not withdraw from the district library until the principal ofand interest on those bonds are paid in full.

History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989.

397.288 Authorization and levy of taxes to pay principal of and interest on bonds.Sec. 8. If a majority of the qualified electors of a district voting on the question of issuing bonds approves

the issuance, or if bonds are otherwise issued pursuant to section 5, the board, by resolution, shall authorizeand levy the taxes necessary to pay the principal of and interest on the bonds. The taxes shall be levied andcollected with the county taxes. If, pursuant to section 5, the bonds are issued without submission of thequestion of the bond issue to the electors, the board shall not authorize or levy a tax that exceeds the tax levyauthorized by a vote of the qualified electors of the district as provided in sections 13 to 23 of the districtlibrary establishment act.

History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989.

397.289 Bonds subject to revised municipal finance act.Sec. 9. Bonds issued pursuant to this act are subject to the revised municipal finance act, 2001 PA 34,

MCL 141.2101 to 141.2821.History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 2002, Act 345, Imd. Eff. May 23, 2002.

397.290 Submission of proposal to issue bonds; limitation.Sec. 10. A board shall not submit a proposal to issue bonds under this act more than 1 time during a

calendar year.History: 1988, Act 265, Imd. Eff. July 15, 1988;Am. 1989, Act 25, Imd. Eff. May 22, 1989.



COUNTY LIBRARIESAct 138 of 1917

AN ACT to authorize the creation of county libraries; to authorize the contracting by the board ofsupervisors of any county for library service; to authorize the contracting by the board of supervisors of anycounty or the board of trustees of any regional library with any other municipality for the furnishing of suchservice; and to provide for a tax for the purposes of this act.

History: 1917, Act 138, Eff. Aug. 10, 1917;Am. 1931, Act 249, Eff. Sept. 18, 1931.


397.301 County libraries; establishment, contracts for service, tax.Sec. 1. The board of supervisors of any county shall have the power to establish a public library free for the

use of the inhabitants of such county and they may contract for the use, for such purposes, of a public libraryalready established within the county, with the body having control of such library, to furnish library serviceto the people of the county under such terms and conditions as may be stated in such contract. The amountagreed to be paid for such service under such contract and the amount which the board may appropriate forthe purpose of establishing and maintaining a public library shall be a charge upon the county and the boardmay annually levy a tax on the taxable property of the county, to be levied and collected in like manner asother taxes in said county and paid to the county treasurer of said county and to be known as the library fund.

History: 1917, Act 138, Eff. Aug. 10, 1917;CL 1929, 8084;Am. 1931, Act 249, Eff. Sept. 18, 1931;Am. 1943, Act 206, Imd.Eff. Apr. 17, 1943;CL 1948, 397.301;Am. 1956, Act 150, Eff. Aug. 11, 1956.

397.302 Library board; purpose; appointment and terms of members; voting; vacancy;expansion of board; board as body corporate; powers; cost of service.Sec. 2. (1) To administer the county library fund, there shall be a library board consisting of 5 members

appointed by the county board of commissioners for terms of 5 years each, except that the first members shallbe appointed for 1, 2, 3, 4, and 5 years. In a county with a population of over 1,000,000, the superintendent ofthe intermediate school district serving the county, or, in a county with a population of over 1,500,000, his orher designee, shall be 1 of the members of the library board during the superintendent's term of office. Of themembers appointed to the library board by the county board of commissioners in a county with a populationof more than 700,000 but not more than 1,500,000, not more than 1 member may be a county commissioner,and that member shall have the same voting rights as other members of the library board.

(2) Except as otherwise provided in subsection (1), if a county commissioner is serving on a library boardafter the effective date of the 1999 amendatory act that added this sentence, all of the following apply:

(a) Those county commissioners serving on a library board may serve the remainder of their terms andmay be reappointed to the library board.

(b) A county board of commissioners may appoint a county commissioner to fill a vacancy on the libraryboard created by a county commissioner's departure from the board.

(c) If a county board of commissioners does not appoint a county commissioner to fill a vacancy created bya county commissioner's departure from the board, that board position occupied by the departing countycommissioner shall not subsequently be occupied by a county commissioner.

(3) By resolution and only on the request of the county library board, the county board of commissioners ina county with a population of over 1,000,000 may expand the library board to 7 members. If thesuperintendent of the intermediate school district, or, in a county with a population of over 1,500,000, his orher designee, is serving on the library board when the board is expanded, the 2 additional members shall beappointed to terms that correspond to the term of the member replaced by the superintendent or thesuperintendent's designee.

(4) The board shall be a body corporate and shall be authorized to contract for the leasing, construction, ormaintenance of buildings or quarters, including the acquisition of sites, to house the county library service,and to do any other thing necessary for the conducting of the county library service, the cost of the countylibrary service to be a charge against the county library fund.

History: 1917, Act 138, Eff. Aug. 10, 1917;CL 1929, 8085;Am. 1937, Act 113, Imd. Eff. June 24, 1937;Am. 1943, Act 206,Imd. Eff. Apr. 17, 1943;CL 1948, 397.302;Am. 1966, Act 67, Imd. Eff. June 9, 1966;Am. 1974, Act 110, Imd. Eff. May 21, 1974;Am. 1985, Act 191, Imd. Eff. Dec. 20, 1985;Am. 1994, Act 77, Imd. Eff. Apr. 11, 1994;Am. 1999, Act 48, Imd. Eff. June 15,1999.

397.303 Contract for use of existing library; county library fund.



Sec. 3. In case a contract shall be made with an existing library, the county library fund shall beadministered by the county library board and such contract, and all services provided for thereunder, shall besupervised by the county library board; and all employees engaged in the execution and carrying out of suchcontract shall be county employees, except those furnished and employed by the library rendering suchservices in accordance with or fulfillment of such contract.

History: 1917, Act 138, Eff. Aug. 10, 1917;CL 1929, 8086;Am. 1937, Act 113, Imd. Eff. June 24, 1937;Am. 1943, Act 206,Imd. Eff. Apr. 17, 1943;CL 1948, 397.303.

397.304 County library fund; disbursement.Sec. 4. Said fund shall be paid by the county treasurer upon the order or warrants of said library board.History: 1917, Act 138, Eff. Aug. 10, 1917;CL 1929, 8087;Am. 1943, Act 206, Imd. Eff. Apr. 17, 1943;CL 1948, 397.304.

397.305 Contract for service to municipality; tax; effect of establishment of municipal library.Sec. 5. Any county possessing a county library or any board of trustees of a regional library may enter into

a contract with 1 or more counties, townships, villages, cities and/or other municipalities to secure to theresidents of such municipality such library service as may be agreed upon, and the money received for thefurnishing of such service shall be deposited to the credit of the library fund. Any municipality contracting forsuch library service shall have the power to levy a library tax in the same manner and amount as authorized insection 1 hereof for the purpose of paying therefor. Any municipality contracting for such library service mayat any time establish a public library free for the use of its inhabitants, whereupon its contract for said servicemay be continued or terminated on such terms as may be agreed upon between the parties thereto.

History: Add. 1931, Act 249, Eff. Sept. 18, 1931;CL 1948, 397.305.



TOWNSHIP AND VILLAGE LIBRARIESAct 5 of 1917

AN ACT authorizing organized townships and incorporated villages in the state of Michigan to borrowmoney and to issue bonds therefor for the purpose of establishing free public libraries, purchasing sites andconstructing buildings thereon.

History: 1917, Act 5, Imd. Eff. Mar. 9, 1917.


397.321 Townships and villages; issuance of library bonds, approval by electors.Sec. 1. The township board of any organized township and the village council, or board of trustees, of any

incorporated village in the state of Michigan are hereby authorized and empowered, upon an applicationsigned by not less than 25 qualified electors of such township or incorporated village being first filed with thesaid township board, village council, or board of trustees, as the case may be, to borrow a sum of money, notexceeding 1 per cent of the assessed valuation of such township, or incorporated village, on the faith andcredit of such township, or incorporated village, and to issue the bond, or bonds of such township, orincorporated village, therefor; the money so borrowed to be used for the purpose of establishing a free publiclibrary, for purchasing a site for the same or constructing buildings thereon: Provided, That a majority of thevoters of such township, or incorporated village, voting thereon at a township meeting, a general election, orat a special election called by the township board, or at a general or special election called by the villagecouncil, or board of trustees, for that purpose, shall vote in favor thereof.

History: 1917, Act 5, Imd. Eff. Mar. 9, 1917;CL 1929, 8088;CL 1948, 397.321.

397.322 Referendum; notice.Sec. 2. The question of issuing the bonds, provided for in section 1 of this act, shall be submitted to the

legal voters of such township, or incorporated village, by the township board, the village council or board oftrustees, within 30 days after the filing of the application mentioned in section 1, giving due notice thereof bycausing the date, place of voting and object of said election to be stated in written or printed notices to beposted in 5 public places in such township, or incorporated village, at least 10 days before the time fixed bysaid board for such election, and by publishing the same in at least 1 newspaper published in said township, orincorporated village, or if none be published in said township, or incorporated village, then in somenewspaper published in the same county, which is circulated in such township or incorporated village, at least2 weeks before the time of such election. Such notice shall state the amount of money proposed to be raisedby such bonding, and the purpose or purposes to which it shall be applied.


397.323 Referendum; form of ballot; election process.Sec. 3. The vote upon such proposition shall be by printed ballot, and such ballots shall be in the following

form:“For the issuing of bonds to (Purpose) Yes [ ].”“For the issuing of bonds to (Purpose) No [ ].”The election shall be conducted and the votes canvassed in all respects, as in other township or village

elections.History: 1917, Act 5, Imd. Eff. Mar. 9, 1917;CL 1929, 8090;CL 1948, 397.323.

397.324 Library bonds; vote; issuance; subject to revised municipal finance act.Sec. 4. If at an election a majority of the qualified electors present and voting upon the proposition vote in

favor of the loan, the bonds shall be issued by the township board of the township or the village council orboard of trustees of the village, as the case may be. Bonds issued under this act are subject to the revisedmunicipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.

History: 1917, Act 5, Imd. Eff. Mar. 9, 1917;CL 1929, 8091;CL 1948, 397.324;Am. 2002, Act 332, Imd. Eff. May 23, 2002.

397.325 Repealed. 2002, Act 332, Imd. Eff. May 23, 2002.Compiler's note: The repealed section pertained to issuance of bonds negotiated at less than par.

397.326 Declaration of necessity.Sec. 6. It is hereby declared that this act is immediately necessary for the public health, peace and safety.



CONSOLIDATION OF TOWNSHIP LIBRARIESAct 165 of 1927

AN ACT to authorize the consolidation of township libraries in adjoining townships in certain cases; toprovide for their joint maintenance; and to prescribe penalties and provide remedies.

History: 1927, Act 165, Eff. Sept. 5, 1927;Am. 1998, Act 184, Eff. Mar. 23, 1999.


397.351 Consolidation of township libraries; procedure.Sec. 1. It shall hereafter be lawful for the township boards of adjoining townships in the same county, by

joint action of the respective township boards of such townships, by proceeding as hereinafter provided, toconsolidate the libraries in each township into 1 library, and to designate the site thereof.

History: 1927, Act 165, Eff. Sept. 5, 1927;CL 1929, 8094;CL 1948, 397.351.

397.352 Referendum; petition.Sec. 2. (1) If the township board of each township that has a library is presented with a petition, signed by

registered electors equal to not less than 25% of the registered electors of each township, the township boardshall promptly adopt a resolution submitting the question of consolidation of the libraries of the 2 townshipsto the qualified electors of each township at any regular election or special election duly called for thatpurpose.

(2) A petition under subsection (1), including the circulation and signing of the petition, is subject tosection 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision ofthe Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described insubsection (1) is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA116, MCL 168.1 to 168.992.

History: 1927, Act 165, Eff. Sept. 5, 1927;CL 1929, 8095;CL 1948, 397.352;Am. 1998, Act 184, Eff. Mar. 23, 1999.

397.353 Referendum; form of ballot; conduct of election.Sec. 3. The election shall be by ballot in substantially the following form:“Shall the township libraries of ........... and ........... townships be consolidated?Yes [ ]No [ ].”The election shall be conducted in every respect the same as other special or general elections are

conducted, and the results canvassed and certified in like manner.History: 1927, Act 165, Eff. Sept. 5, 1927;CL 1929, 8096;CL 1948, 397.353.

397.354 Referendum; meeting to pass joint resolution; consolidation.Sec. 4. If the proposition shall be carried by a majority of those voting at the election, in each township,

and the respective election boards shall so certify, the respective township boards shall meet together in thetownship casting the largest vote at such election and shall pass a joint resolution, which shall be recorded inthe minutes of the clerk of each board, canvassing the returns of the elections, and shall formally consolidatethe township libraries of the 2 townships.


397.355 Site of library; designation.Sec. 5. Such resolution shall designate the site of the library, and if not able to agree by a majority vote of

the board members present and voting, the county commissioner of schools shall choose a site properlylocated and most advantageous to the townships.


397.356 Maintenance expenses; apportionment.Sec. 6. The expense of maintenance for the ensuing year shall be estimated, and the expense apportioned

between the 2 townships in proportion to their respective assessed valuations for the preceding year, and suchtax certified by the clerk of each board to its respective supervisor.


397.357 Control of library.



Sec. 7. Said library when so consolidated shall be under the joint control of the township boards, and anymatter upon which they can not agree shall be decided by the county commissioner of schools. Not more than2 joint meetings per year shall be held.


397.358 Free public library; formation.Sec. 8. After consolidation, the library may be formed into a free public library, with provisional board of

directors in pursuance of the statute in such case made and provided, upon proper procedure for that purpose,jointly taken by the township boards of the townships consolidating.




PRIVATELY OWNED PUBLIC LIBRARIESAct 213 of 1925

AN ACT to provide for the maintenance and operation of libraries for public use, owned or controlled byassociations or individuals.



397.371 Privately owned libraries; public support, limitation, conditions.Sec. 1. Any township, city or village within this state, having within its limits a library that had been open

to the public upon the payment of dues, may appropriate not to exceed 1/2 of 1 mill on its assessed valuationfor the support of such library, and such sum or sums shall be raised by taxation in the ordinary way:Provided, That any library so receiving support from any municipality shall be kept open for the convenienceof the public not less than the afternoons and evenings of 3 days of each week, and the books therein shall befor the free use of the public under such reasonable restrictions as such library shall prescribe.

History: 1925, Act 213, Imd. Eff. May 6, 1925;CL 1929, 8102;CL 1948, 397.371.

PUBLIC LIBRARY; GIFTS AND DONATIONSAct 136 of 1921

397.381-397.382 Repealed. 2017, Act 38, Eff. Aug. 21, 2017.



LIBRARY COMMISSIONSAct 26 of 1921 (1st Ex. Sess.)

AN ACT relative to library commissions in cities having a population of more than 250,000.History: 1921, 1st Ex. Sess., Act 26, Eff. Sept. 19, 1921.


397.401 Library commission; jurisdiction.Sec. 1. The territory over which the library commission in any city having a population of more than

250,000 shall conduct the activities to it by law confided, and to which shall apply charges and obligationsheretofore or hereafter imposed for the purposes of any said commission, shall be co-extensive with theboundaries of any said city and shall automatically change by and with any change in said boundaries.

History: 1921, 1st Ex. Sess., Act 26, Eff. Sept. 19, 1921;CL 1929, 8105;CL 1948, 397.401.

397.402 Library commission; annual budget.Sec. 2. The annual budget of any said commission shall be prepared in manner and time provided by the

charter of any said city concerning the budget thereof and shall be submitted to and passed upon by theofficers and boards of any said city as are the items in the budget thereof.


397.403 Library commission; fiscal year.Sec. 3. The fiscal year of any said commission shall be identical with that of any said city.History: 1921, 1st Ex. Sess., Act 26, Eff. Sept. 19, 1921;CL 1929, 8107;CL 1948, 397.403.

397.404 Effect of local act; continuation.Sec. 4. The relation of officers or agencies of any said city to the affairs of any said commission growing

out of any special or local act of the state legislature shall continue in officers or agencies of any said city onrevision or amendment of said special or local act by the electors of any said city.


397.405 Payrolls, bills, accounts and claims; audit and approval; certificate; allowance,payment.Sec. 5. All payrolls, bills, accounts and claims of every character against the library commission after

having been duly audited and approved by the commission, the certificate of which audit and approval shallbe endorsed thereon by the president or secretary of the commission or some member or other representativeof the commission acting under authority conferred by the commission generally or specially, shall betransmitted to the city controller, who shall endorse thereon his approval or disapproval. When so endorsedwith approval the controller shall draw his warrant or warrants on the city treasurer in payment therefor. Nobill, account or claim shall be audited or approved by the commission unless the same shall be accompaniedby a certificate of a representative of the commission who acted for the commission in making the purchase orcontract or in taking the delivery or performance that he verily believes the services or property thereincharged have been actually performed or delivered for the commission, that the sum or sums charged thereforare reasonable and just, and that to the best of his knowledge and belief no setoff exists, nor payment has beenmade on account thereof except such as are included or referred to in such account. A similar certificate shallbe required upon all payrolls, the certificate to be made by the person under whose supervision the servicescharged have been rendered. The provisions hereof shall be in addition to any provisions covering the samematters in any general or local act or charter adopted pursuant to Act No. 279 of the Public Acts of 1909, asamended, being sections 117.1 to 117.38 of the Compiled Laws of 1948.

History: Add. 1947, Act 185, Eff. Oct. 11, 1947;CL 1948, 397.405;Am. 1967, Act 220, Eff. Nov. 2, 1967.



FREE PUBLIC LIBRARIESAct 115 of 1899

AN ACT to create a state board of library commissioners, to promote the establishment and efficiency offree public libraries, and to provide an appropriation therefor.

History: 1899, Act 115, Imd. Eff. June 1, 1899.


397.453 Free libraries; annual report to state board of library commissioners.Sec. 3. It shall be the duty of all free libraries organized under the laws of the state, whether general or

special, to make an annual report to the board of library commissioners, which report shall conform as near asmay be reasonable and convenient, as to time and form such rules as the board may prescribe.

History: 1899, Act 115, Imd. Eff. June 1, 1899;CL 1915, 1152;CL 1929, 8054;CL 1948, 397.453.



PUBLIC LIBRARIESAct 92 of 1952

AN ACT to provide for cooperation and coordination in the maintenance and operation of libraries openfor use by the public generally; to authorize certain contracts or arrangements for extension of libraryservices; and to authorize the legislative body of political subdivisions to contract and pay therefor.

History: 1952, Act 92, Eff. Sept. 18, 1952;Am. 1953, Act 152, Imd. Eff. June 2, 1953.


397.471 Public libraries; maintenance and operation, contracts; cooperation to avoidduplication.Sec. 1. The officers, agency or other authority charged by law with the maintenance and operation of any

library for general public use may enter into and perform contracts or arrangements with the officers, agencyor other authority likewise charged in respect of any other such library for cooperation and coordination in themaintenance and operation of the libraries to avoid unnecessary duplication and at the same time promote thewidest public use of books, manuscripts and other materials and facilities and bring about the supplementingof the 1 library by the other, which may include the accumulating of books, manuscripts and other materialsand facilities, to whichever library belonging, of the same general nature or pertaining to the same generalsubject in such library as will best facilitate access thereto and promote the best use thereof by the members ofthe public desiring so to do.

The officers, agencies or other authorities, jointly or severally, may enter into contracts or arrangements tomake available to political subdivisions of the state, including school districts, otherwise authorized by law tomaintain libraries, such library services and facilities as will promote the widest public use of books and avoidunnecessary duplication and expense.

History: 1952, Act 92, Eff. Sept. 18, 1952;Am. 1953, Act 152, Imd. Eff. June 2, 1953;Am. 1962, Act 59, Eff. Mar. 28, 1963.

397.472 Public libraries; contracts and arrangements; rights and privileges of residents;expenditures; political subdivisions.Sec. 2. Such contracts and arrangements may be made between and among any number of such libraries.

Any library supported in whole or in part by taxes or other public funds or competent in law to be sosupported shall be eligible to be included in any such contract or arrangement by whatever authority suchlibrary may be maintained and operated. Residents of the territory subject to taxation for support of anylibrary entering into any such contracts or arrangements shall have such rights and privileges in the use of therespective libraries entering into like contracts and arrangements as shall be provided therein. If theexpenditures generally of such library shall by the law under which maintained and operated be subject tobeing budgeted and approved, any expenditure by such library required for carrying out any such contract orarrangement shall be likewise so subject.

The provisions hereof shall be broadly and liberally construed and applied and any provision in anycontract or arrangement reasonably tending to effectuate in any part the intents and purposes hereof shall bedeemed within the authority hereby granted. Any political subdivision of the state, including school districts,now or hereafter authorized by law to establish or maintain libraries or library services, may enter intocontracts or arrangements for library services and facilities provided in section 1 and provide for the paymentsof obligations arising from such contracts or arrangements by resolution of the legislative body of the politicalsubdivision or school district or in any other manner provided by law.

History: 1952, Act 92, Eff. Sept. 18, 1952;Am. 1953, Act 152, Imd. Eff. June 2, 1953;Am. 1962, Act 59, Eff. Mar. 28, 1963.



STATE LIBRARY FOR BLINDAct 127 of 1959

AN ACT to transfer jurisdiction and control of the state library for the blind to the state board for libraries.History: 1959, Act 127, Eff. Mar. 19, 1960.


397.491 State library for blind; transfer to state board for libraries.Sec. 1. The state library for the blind, located at the employment institution for the blind at Saginaw, is

hereby placed under the jurisdiction of the state board for libraries.History: 1959, Act 127, Eff. Mar. 19, 1960.

Compiler's note: For transfer of powers and duties of department of history, arts, and libraries related to library services for blindand physically handicapped to Michigan commission for the blind, see E.R.O. No. 2009-26, compiled at MCL 399.752.

397.492 State library for blind; administration, rules and regulations.Sec. 2. The state board for libraries shall have full power to administer this library, determine standards of

operation, and make rules and regulations that will best serve both Braille and talking book readers.History: 1959, Act 127, Eff. Mar. 19, 1960.

397.493 State library for blind; appropriation.Sec. 3. The state board for libraries shall administer the appropriation for said library.History: 1959, Act 127, Eff. Mar. 19, 1960.

397.494 State library for blind; personnel, qualifications.Sec. 4. The state board for libraries shall have full power to determine the qualifications of the personnel in

said library and fill all vacancies, subject to the state civil service regulations.History: 1959, Act 127, Eff. Mar. 19, 1960.

397.495 State library for blind; transfer of powers and duties to state board for libraries.Sec. 5. Any and all powers and duties vested by any law of this state in the state library for the blind are

hereby transferred and vested in the state board for libraries.History: 1959, Act 127, Eff. Mar. 19, 1960.

STATE AID TO PUBLIC LIBRARIES ACT OF 1965Act 286 of 1965

397.501-397.527 Repealed. 1977, Act 89, Imd. Eff. Aug. 2, 1977.



STATE AID TO PUBLIC LIBRARIES ACTAct 89 of 1977

AN ACT to provide for the establishment of cooperative libraries; to prescribe the powers and duties of thedepartment of history, arts, and libraries; to provide state aid for public libraries participating in cooperativelibraries; to prescribe the powers and duties of cooperative library boards; to provide an appropriation; and torepeal acts and parts of acts.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 1982, Act 541, Eff. Mar. 30, 1983;Am. 2001, Act 65, Eff. Oct. 1, 2001.


397.551 Short title.Sec. 1. This act shall be known and may be cited as the “state aid to public libraries act”.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977.

397.552 Definitions.Sec. 2. As used in this act:(a) “Department” means the department of history, arts, and libraries.(b) “Local board” means the board of trustees or directors that has as its primary purpose the supervision of

a local public library, or that board contracting for library service, or, if such a board does not exist, thelegislative body of the local government that maintains the public library.

(c) “Local support” means funds from tax sources, gifts, endowments, penal fines, or other funds receivedfrom local sources, excluding state and federal aid as stated in this act.

(d) “Public library” means a library that is lawfully established for free public purposes by 1 or morecounties, cities, townships, villages, school districts, or other local governments or a combination thereof, orby a public or local act, the entire interests of which belong to the general public. Public library does notinclude a special library such as a professional, technical, or school library.

(e) “Cooperative board” means the governing board of a cooperative library.(f) “Cooperative library” means the library or service center designated by a cooperative board to execute

services established by a cooperative plan and provided to libraries participating in a cooperative.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 1982, Act 541, Eff. Mar. 30, 1983;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.553 Cooperative boards; establishment; number.Sec. 3. Cooperative boards representing local public libraries shall be established in accordance with this

act and approved by the department. The number of cooperative boards shall be determined by the departmentin accordance with section 6.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.554 Preliminary cooperative plan for library services; contents; development.Sec. 4. A preliminary cooperative plan for library services which sets forth a statement describing the

specific services that will be rendered to those libraries participating in a cooperative library, the means andagencies by which the services will be rendered without duplication of existing resources and expertise, andthe cooperative board that will receive funds and execute duties shall be developed by participating localpublic library boards.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977.

397.555 Eligibility for membership in cooperative library.Sec. 5. To be eligible for membership in a cooperative library, a local library shall do all of the following:(a) Maintain a minimum local support of 3/10 of a mill on taxable value, as taxable value is calculated

under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a, in the fiscal year beforeOctober 1 of the year before distribution.

(b) Participate in the development of cooperative library plans.(c) Loan materials to other libraries participating in the cooperative library.(d) Maintain an open door policy to the residents of the state, as provided by section 9 of article VIII of the

state constitution of 1963.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2000, Act 340, Imd. Eff. Dec. 27, 2000.

397.556 Areas included in cooperative library.



Sec. 6. (1) A cooperative library includes those areas consisting of 1 of the following:(a) Two or more counties with a total population of at least 100,000.(b) One county plus portions of other counties with a population of at least 100,000.(c) One county or portion of the county with a population of at least 400,000.(d) Portions of 2 or more counties with a population of at least 350,000.(e) Combinations of counties or portions of counties serving a population of at least 50,000, if the region

served has a population of 35 or fewer persons per square mile.(2) The area covered by a cooperative library shall recognize the geosocioeconomic conditions within that

area and regions established for governmental purposes throughout the state. A local board placed in acooperative library may petition the department to be placed in a different cooperative library or to join withother local boards to form a cooperative library under this act. A local board serving an area adjoining morethan 1 cooperative library may determine the cooperative library in which it participates.

(3) The system board of an existing library system serving over 600,000 population may petition thedepartment for designation as a cooperative board, and the department shall designate that system board, asalready constituted, as the cooperative board. If a cooperative board is a county library board, the cooperativeplan shall provide for expanding the cooperative board to represent proportionately the population served inany other county or counties within the area of the cooperative library. This expanded cooperative board shallhave authority over those matters affecting the operation of the cooperative library except for the property,personnel, and governmental relationships of the county whose board was designated as the cooperativeboard, which matters shall continue to be the responsibility of that county library board. The department shallinclude in the cooperative library serving over 600,000 population the communities presently served by theexisting system and all other communities not in another cooperative library within counties represented bymembers on the expanded cooperative board other than the designated system board members.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001;Am. 2005, Act 30, Imd. Eff. May 25, 2005;Am. 2011, Act 288, Imd. Eff. Dec. 21, 2011.

397.557 Cooperative library board as representative of participating libraries; selection ofmembers; existing systems.Sec. 7. A cooperative library board shall be representative of the participating libraries except as

specifically provided in section 6. It shall consist of 9 members with the method of selection to be stated inthe approved plan as provided in section 4. In the case of existing systems which otherwise qualify ascooperative libraries, the number of board members and their relationship to existing governmental units maycontinue if approved by a majority of the participating libraries and specified in the approved plan.


397.558 Cooperative library board as body corporate; powers and duties; installmentpurchase contract, land contract, loan agreement, or lease purchase contract.Sec. 8. (1) The cooperative board is a body corporate and may sue and be sued.(2) The cooperative board shall do all of the following:(a) Operate the cooperative library and manage and control the cooperative library's funds and property.(b) Select a chairperson.(c) Establish, maintain, and operate cooperative services for public libraries in the cooperative library's

area.(d) Appoint a director or coordinator to administer the cooperative library, fix that person's compensation,

and delegate to that person those powers the delegation of which is in the best interest of the cooperativelibrary, including the power to hire necessary employees.

(e) Acquire books, periodicals, library materials, equipment, supplies, or other personal property bypurchase, installment purchase contract, or lease with or without an option to purchase, or enter into a loanagreement and borrow money for that purpose.

(f) Erect buildings or acquire real property, including buildings and fixtures, by purchase, land contract,installment purchase contract, or lease with or without an option to purchase, or enter into a loan agreementand borrow money for that purpose.

(g) Enter into contracts to receive service from or give service to libraries in the state, including public,school, academic, cooperative, or special libraries, and political subdivisions of the state.

(h) Exclusively control expenditures for the cooperative library.(i) Accept gifts and donations of property for the benefit of the cooperative library and for the purposes for

which donated.(j) Adopt bylaws and rules not inconsistent with this act for its own government and do those things



necessary to carry out the purposes of this act.(3) All of the following shall apply to an installment purchase contract, land contract, loan agreement, or

lease purchase contract entered into pursuant to subsection (2):(a) The contract shall not constitute an indebtedness of any member of the cooperative library within any

constitutional, charter, or statutory limitation.(b) Principal and interest are payable solely from the revenues of the cooperative library.(c) No member of the cooperative library shall pledge its full faith and credit to the payment of principal

and interest on the contract.(d) Interest on the unpaid principal amount of the contract shall not be treated as excluded from gross

income under the internal revenue code.(4) An installment purchase contract, land contract, lease purchase contract, or loan agreement entered into

pursuant to subsection (2) shall contain a statement setting forth the provisions of subsection (3).(5) An installment purchase contract, land contract, lease purchase agreement, or loan agreement entered

into by the cooperative board for a purpose discussed in subsection (2) that occurred prior to the effective dateof the 1995 amendatory act that added this subsection is validated and made legal for all purposes.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 1995, Act 231, Imd. Eff. Dec. 19, 1995.

397.559 Submission and contents of plan; approval of plan; jurisdiction.Sec. 9. Following establishment of a cooperative board, the cooperative board shall submit to the

department a plan that designates and describes the responsibilities of the cooperative library, provides forfuture selection of cooperative board membership, and gives notice of the cooperative board's meeting dates.The original plan and any substantial modification shall be approved by the department. A cooperative boardhas no jurisdiction over the property or management of a local library.


397.560 Fiscal year and funds of cooperative library.Sec. 10. The fiscal year of the cooperative library is October 1 to September 30, except where the

cooperative library must conform to the fiscal year fixed by another state law or local charter. The funds ofthe cooperative library shall be deposited in banks designated by the cooperative library board.


397.561 Use of facilities and resources of member libraries; availability of services ofcooperative library; appeal from refusal of service.Sec. 11. Following establishment of a cooperative board, residents of the cooperative library's area are

eligible to use the facilities and resources of the member libraries subject to the rules of the cooperativelibrary plan. Services of the cooperative library, including those of participating libraries, are to be availableat reasonable times and on an equal basis within the areas served to schoolchildren, individuals in public andnonpublic institutions of learning, and a student or resident within the area. An applicant refused service mayappeal to the department, which shall review the operation of the cooperative library and may withhold stateaid funds until the services are granted.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 1984, Act 432, Imd. Eff. Jan. 11, 1985;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.561a Nonresident borrowing fees.Sec. 11a. A library may charge nonresident borrowing fees to a person residing outside of the library's

service area, including a person residing within the cooperative library's service area to which that library isassigned, if the fee does not exceed the costs incurred by the library in making borrowing privileges availableto nonresidents including, but not limited to, the costs, direct and indirect, of issuing a library card, facilitatingthe return of loaned materials, and the attendant cost of administration.

History: Add. 1984, Act 432, Imd. Eff. Jan. 11, 1985.

397.562 Resolution requesting local board to become participating library; rights, duties, andprivileges of participating library.Sec. 12. Once a cooperative plan has been accepted by the department and a cooperative board has been

established, a local board shall adopt a resolution requesting that the local library become a participatinglibrary in the cooperative library. Duplicate copies of the resolution, certified by the clerk of the local board,shall be filed with the cooperative board. The cooperative board shall accept or show reason for denial of therequest for membership within 60 days after filing. When the cooperative board has accepted the resolution,the resolution and the acceptance shall be indorsed and a copy filed with the department. The participating



library has the same rights, duties, and privileges as other libraries participating in that cooperative library.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.563 State aid for cooperative libraries.Sec. 13. A cooperative library shall be granted continuing state aid at the rate of 50 cents per capita for its

served population.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977.

397.564 Cooperative board to provide services to member libraries within area ofcooperative library.Sec. 14. A cooperative board shall provide, directly or through a written contract, services to member

libraries within the cooperative library's area. The services, subject to standards approved by the departmentin consultation with the state librarian, may include:

(a) A central pool or rotating book collection.(b) In-service training.(c) Book selection aids.(d) Bibliographic services.(e) Audio-visual services.(f) Bookmobile service or other outlets to outlying areas.(g) Publicity and public relations.(h) Printing.(i) A centralized purchasing operation.(j) Centralized processing, including cataloging and marking.(k) Reference services.(l) Delivery service.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.565 Payment for services by member libraries; cooperative library headquarters.Sec. 15. When the state aid grant is insufficient to provide all services, the member libraries may be

required to pay for services in a priority order to be specified in the cooperative plan. Cooperative libraryheadquarters shall be linked to the library of Michigan and may be required upon adequate funding to provideother services considered essential to good public library service and so designated by the department inconsultation with the state librarian.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 1982, Act 541, Eff. Mar. 30, 1983;Am. 2001, Act 65, Eff. Oct. 1, 2001.


397.566 State aid for public libraries; reimbursing public libraries for salary of head librarian;employee wage increases; certifying salary of head librarian.Sec. 16. (1) A public library shall receive 35 cents per capita from state aid during the fiscal year 1977-78

if in the prior year the public library received local support equal to that required by this act.(2) A public library shall receive 50 cents per capita from state aid during the fiscal year 1978-79 if in the

prior year the public library received local support equal to that required by this act, the library has notreduced its local support by an amount equal to or larger than the state aid from the previous year without theapproval of the department, and the library meets the minimum standards established by the department andthis act.

(3) A public library belonging to a cooperative library shall receive from state aid for the fiscal year1977-78 an additional 15 cents per capita, all or a part of which must be used to pay for cooperative servicesfrom the cooperative board as provided by section 15 and the cooperative plan.

(4) A public library belonging to a cooperative library shall receive from state aid each year after fiscalyear 1977-78 an additional 50 cents per capita, all or part of which shall be used to pay for cooperativeservices from the cooperative board as provided by section 15 and the cooperative plan. When the cost of thecooperative library services has been paid, any remaining portion of the grant may be applied to local servicesunder subsection (2). Each public library cooperative that qualifies under this act during fiscal year 1977-78and following years shall receive an amount of $10.00 per square mile for the area that it serves if the areaserved has fewer than 75 people per square mile.

(5) A public library that is a county library serving a population of 50,000 or fewer that appoints to the



office of head librarian a person with either a bachelor of arts or a bachelor of science degree from a collegeor university approved by an accrediting association of more than statewide standing, including orsupplemented by 1 full year of training in a library school accredited by the American library association andwith at least 4 years' experience in an administrative capacity in an approved library, shall be reimbursed forthat portion of the salary not exceeding $400.00 for any 1 month or $4,800.00 in any 1 year, if the countylibrary received during the last completed fiscal year before the year in which distribution is to be made, fromthe county or counties not less than $3,600.00 exclusive of money received from federal or state grants in aidto the library. Wage increases to present employees shall be paid equally by the state and local governments.Before September 6, December 6, March 6, and June 6 of the year of distribution, the county library board orthe board's authorized agent shall certify to the department the actual amount of the salary paid the headlibrarian during the 3-month period immediately preceding those months.


397.567 Compliance with certification requirements as qualification for state aid.Sec. 17. A cooperative library and public library shall conform to certification requirements for personnel

as established by the department in order to qualify for state aid.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.568 Application for state aid; certification.Sec. 18. A cooperative library and public library desiring to participate in state aid shall apply before

February 1 of each year of distribution. The applicant shall certify to the department the amount of moneyreceived from each source during the last completed fiscal year before October 1 of the year of distribution.


397.569 Distribution of state aid; statement; vouchers; warrants.Sec. 19. The department shall prepare a statement of the amount to be distributed in accordance with this

act. Vouchers for disbursement of state aid shall be signed by an authorized agent of the department anddelivered to the department of management and budget, which shall draw up warrants on the department oftreasury in favor of the fiscal agent of the cooperative board or local board. State aid shall be distributed bySeptember 30 of the year of distribution.


397.570 Deposit of money in separate fund; review of expenditures.Sec. 20. A cooperative library or public library receiving state aid shall deposit the money in a separate

fund. Expenditures from that fund are subject to review by the department or its authorized representative.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977;Am. 2001, Act 65, Eff. Oct. 1, 2001.

397.571 Expenditure of state aid.Sec. 21. State aid paid to a cooperative library or a public library may be used for any expenditure,

including the cost of intersystem or intrasystem contracts.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977.

397.572 Dispute; hearing; decision.Sec. 22. When there is a dispute concerning the cooperative library to which a public library shall belong,

services rendered to member libraries, or the operations of a cooperative system which cannot be resolved onthe local level, the department may hear the case. The decision of the department is final.


397.573 Needs considered by state board in carrying out powers and duties.Sec. 23. The department shall consider the following needs in carrying out its powers and duties:(a) Library facilities shall be provided to residents of the area covered by a cooperative library without

needless duplication of facilities, resources, or expertise.(b) Establishment of a local public library may be approved for state aid purposes where local conditions

require an additional local public library.(c) Existing public libraries and new public libraries shall cooperate to provide adequate library services at

a reasonable cost.(d) Increased effort shall be made to provide residents the right to read, with added emphasis on areas

which normally cannot provide those services.



(e) Local responsibility, initiative, and support for library service shall be recognized and respected whenprovision is made for adequate local and cooperative library service.


397.574 Repealed. 1982, Act 541, Eff. Mar. 30, 1983.Compiler's note: The repealed section conferred authority on state board to promulgate rules.

397.575 Appropriation.Sec. 25. (1) There is appropriated for public libraries from the general fund of the state for the fiscal year

ending September 30, 1977, and for each fiscal year thereafter, the sum necessary to fulfill the requirementsof this act. The appropriation shall be distributed as provided in this act.

(2) It is the intent of the legislature that money available in subsection (1) be used solely for assistance topublic libraries or cooperative libraries and not for the administrative expenses of the library of Michigan orthe department of history, arts, and libraries.


397.576 Repeal of MCL 397.501 to 397.527.Sec. 26. Act No. 286 of the Public Acts of 1965, being sections 397.501 to 397.527 of the Compiled Laws

of 1970, is repealed.History: 1977, Act 89, Imd. Eff. Aug. 2, 1977.



THE LIBRARY PRIVACY ACTAct 455 of 1982

AN ACT to provide for the confidentiality of certain library records; and to provide for the selection anduse of library materials.

History: 1982, Act 455, Eff. Mar. 30, 1983.


397.601 Short title.Sec. 1. This act shall be known and may be cited as “the library privacy act”.History: 1982, Act 455, Eff. Mar. 30, 1983.

397.602 Definitions.Sec. 2. As used in this act:(a) “Computer” means any connected, directly interoperable or interactive device, equipment, or facility

that uses a computer program or other instructions to perform specific operations including logical,arithmetic, or memory functions with or on computer data or a computer program, and that can store, retrieve,alter, or communicate the results of the operations, to a person, computer program, computer, computersystem, or computer network.

(b) “Computer network” means the interconnection of hardwire or wireless communication lines with acomputer through remote terminals, or a complex consisting of 2 or more interconnected computers.

(c) “Computer program” means a series of internal or external instructions communicated in a formacceptable to a computer that directs the functioning of a computer, computer system, or computer network ina manner designed to provide or produce products or results from the computer, computer system, orcomputer network.

(d) “Computer system” means a set of related, connected or unconnected, computer equipment, devices,software, or hardware.

(e) “Device” includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical,hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation ofelectronic, magnetic, or other impulses.

(f) “Harmful to minors” means that term as it is defined in section 4 of 1978 PA 33, MCL 722.674.(g) “Internet” means that term as defined in section 230 of title II of the communications act of 1934,

chapter 652, 110 Stat. 137, 47 U.S.C. 230.(h) “Library” includes a library that is established by the state; a county, city, township, village, school

district, or other local unit of government or authority or combination of local units of governments andauthorities; a community college district; a college or university; or any private library open to the public.

(i) “Library record” means a document, record, or other method of storing information retained by a librarythat contains information that personally identifies a library patron, including the patron's name, address, ortelephone number, or that identifies a person as having requested or obtained specific materials from a library.Library record does not include nonidentifying material that may be retained for the purpose of studying orevaluating the circulation of library materials in general.

(j) “Minor” means an individual who is less than 18 years of age.(k) “Obscene” means that term as it is defined in section 2 of 1984 PA 343, MCL 752.362.(l) “Sexually explicit matter” means that term as it is defined in section 3 of 1978 PA 33, MCL 722.673.(m) “Terminal” means a device used to access the internet or a computer, computer program, computer

network, or computer system.History: 1982, Act 455, Eff. Mar. 30, 1983;Am. 1998, Act 7, Imd. Eff. Feb. 6, 1998;Am. 1999, Act 37, Eff. Aug. 1, 1999.

397.603 Library record not subject to disclosure requirements; release or disclosure oflibrary record without consent prohibited; exception; procedure and form of writtenconsent; hearing.Sec. 3. (1) Except as provided in subsection (2), a library record is not subject to the disclosure

requirements of the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections15.231 to 15.246 of the Michigan Compiled Laws.

(2) Unless ordered by a court after giving the affected library notice of the request and an opportunity to beheard on the request, a library or an employee or agent of a library shall not release or disclose a libraryrecord or portion of a library record to a person without the written consent of the person liable for paymentRendered Wednesday, May 23, 2018 Michigan Compiled Laws Complete Through PA 137 of 2018


for or return of the materials identified in that library record.(3) The procedure and form of giving written consent described in subsection (2) may be determined by

the library.(4) A library may appear and be represented by counsel at a hearing described in subsection (2).History: 1982, Act 455, Eff. Mar. 30, 1983;Am. 1996, Act 188, Imd. Eff. May 8, 1996.

397.604 Violation of MCL 397.603; liability; civil action; damages; attorney fees and costs.Sec. 4. A library or an agent or employee of a library which violates section 3 shall be liable to the person

identified in a record that is improperly released or disclosed. The person identified may bring a civil actionfor actual damages or $250.00, whichever is greater; reasonable attorney fees; and the costs of bringing theaction.


397.605 Selection and use of library materials.Sec. 5. (1) Except as otherwise provided by statute or by a regulation adopted by the governing body of the

library, the selection of library materials for inclusion in a library's collection shall be determined only by anemployee of the library.

(2) Except as otherwise provided by law or by a regulation adopted by the governing body of the library,the use of library materials shall be determined only by an employee of the library.


397.606 Restriction of internet access to minors; immunity from liability; exceptions.Sec. 6. (1) If a library offers use of the internet or a computer, computer program, computer network, or

computer system to the public, the governing body of that library shall adopt and require enforcement of apolicy that restricts access to minors by providing the use of the internet or a computer, computer program,computer network, or computer system in 1 of the following ways:

(a) Both of the following:(i) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving

obscene matter or sexually explicit matter that is harmful to minors.(ii) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or

guardian, 1 or more terminals that are not restricted from receiving any material.(b) By utilizing a system or method that is designed to prevent a minor from viewing obscene matter or

sexually explicit matter that is harmful to minors.(2) A governing body of a library, member of a governing body of a library, library, or an agent or

employee of a governing body of a library or library, is immune from liability in a civil action as provided insection 7 of the revised judicature act of 1961, 1961 PA 236, MCL 691.1407.

(3) This section does not apply to a library established by a community college district, a college oruniversity, or a private library open to the public.

History: Add. 1999, Act 37, Eff. Aug. 1, 1999;Am. 2000, Act 212, Eff. Oct. 1, 2000.



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